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Home My WebLink AboutTB-04/20/2008 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 April 22, 2008 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, April 22, 2008 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on April 22, 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. Trustees Monthly Report March 2008 2. Town Clerk Monthly Report March 2008 3. Budget Report Month ended March 31, 2008 4. Animal Shelter February 2008 April 22, 2008 Page 2 Minutes Southold Town Board Meeting March 2008 5. Justice Evans March 2008 II. Public Notices 1. Application to Army Corps of Engineers Pirate’s Cove Marina, Fishers Island, to expand an existing 2.5’ wide 31’ long straddle hoist pier. 2. Application to Army Corps of Engineers Fishers Island Yacht Club, Fishers Island to remove existing float and replace with a concrete float with finger floats, add a pier extension and deck. 3. New Liquor License Application Top Fork Foods, 240 Love Lane, Mattituck 4. Liquor License Renewals with NYS Liquor Authority Fishers Island Yacht Club, Inc., Fishers Island - Summer liquor license Castello di Borghese LLC., 17150 County Rd 48, Cutchogue 5. Town of Riverhead Zoning Ordinance III. Communications IV. Discussion 1. 9:00 A.M. - TDR Group Final Report - TDR Feasibility Study 9:45 Pm - Jamie Richter DOT Transportation Grant 2. 10:00 A.M. - George Sullivan, Lloyd Reisenberg Tax Collection Software 3. 10:30 A.M. Phillip Beltz 2008 Rental Guidelines and Home Sales Prices 4. Request for Facilities At Laurel Lake Fields 5. Fees for Use of Town Fields April 22, 2008 Page 3 Minutes Southold Town Board Meeting 6. Moratorium on Docks 7. Requests to Waive 30-Day Notification for Liquor Licenses Blue Dolphin Motel Aepos Corp. 1. Code Committee Meeting Agenda - April 24 - Farmstand Code - Other 8. Visit to Fishers Island - May 16? 1. Request From Island Community Board 9. Appointment to North Shore Heritage Trail Board 10. 1:00 P.M. - Melissa Spiro - Executive Session Property Acquisition 11. Executive Session Work History of Particular Employee 12. Executive Session Selection of Senior Planner - Discussion of Particular Persons Call to Order 7:30 PM Meeting called to order on April 22, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Supervisor Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. Okay, this is the part of the evening when you can come up and comment to the Town on any issue as it appears on the agenda. Would anybody like to come up and comment on any of the agenda items? (No response) Hearing none, let’s move on. Minutes Approval RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, March 25, 2008 April 22, 2008 Page 4 Minutes Southold Town Board Meeting ? Vote Record - Acceptance of Minutes for March 25, 2008 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter V. Resolutions 2008-374 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 4/22/08 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby April 22, 2008. ? Vote Record - Resolution RES-2008-374 ? 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 2008-375 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Special Meeting for 4/30/08 At 6 PM and the Next Regular Meeting 5/6/08 At 4:30 PM RESOLVED Special Meeting that a of the Southold Town Board will be held Wednesday, April 30, 2008 at 6:00 PM at the Southold Town Hall, Southold, New York to select a consultant for the Transportation Grant Program, and be it further RESOLVED Regular Town Board Meeting that the next of the Southold Town Board be held, Tuesday, May 6, 20084:30 P. M at the Southold Town Hall, Southold, New York at .. April 22, 2008 Page 5 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-375 ? 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 2008-376 Tabled 3/25/2008 7:30 PM CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Mod - Abandoned Mooring Proposal Fiscal Impact: Trustee Bergen reports on a charge that the Town Board gave him last year concerning the removal of abandoned moorings in Town Creeks. No money was budgeted because it was believed the project would pay for itself through contractors pulling up the moorings to salvage materials. It was not the case and it is to difficult to determine how many moorings must be removed and their condition in order to advertise for bids. J. Richter is unable to handle the RFP for removal of abandoned moorings in 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 Contingent, C.E. Unallocated Contingencies $1870.00 To: A.8090.4.500.400 Trustees, C.E. Consultants – Prepare RFP Abandoned Moorings $1870.00 ? Vote Record - Resolution RES-2008-376 ? 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 2008-377 CATEGORY: Employment - Town DEPARTMENT: Accounting April 22, 2008 Page 6 Minutes Southold Town Board Meeting Appoint Lucielle Cappabianco RESOLVEDappoints Lucielle that the Town Board of the Town of Southold hereby Cappabianco to the position of a part-time Legal stenographer for the Zoning Board of Appeals, effective April 25, 2008, at a rate of $17.72 per hour. ? Vote Record - Resolution RES-2008-377 ? 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 2008-378 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck-Cutchogue Cub Scout Pack 39 to Use Bailie Beach Road In Mattituck for Its Annual Cubmobile Race on Saturday, June 7, 2009 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck-Cutchogue Cub Scout Pack 39 to use Bailie Beach Road in Mattituck for its Annual Cubmobile Race on Saturday, June 7, 2009 from 9:00 AM to 12:00 PM noon (rain date June 8), provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-378 ? 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 2008-379 April 22, 2008 Page 7 Minutes Southold Town Board Meeting CATEGORY: Employment - Town DEPARTMENT: Town Clerk Appoint Michelle Martocchia As Secretary for the Parks, Beaches and Recreation Committee RESOLVEDappoints Michelle that the Town Board of the Town of Southold hereby Martocchia as Secretary for the Parks, Beaches and Recreation Committee , effective immediately through December 31, 2008 not to exceed five (5) hours per week in addition to her regular 35 hour work week, regardless of the number of committees she serves. ? Vote Record - Resolution RES-2008-379 ? 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 2008-380 CATEGORY: Public Service DEPARTMENT: Police Dept Request Permission for the Following Students to Job Shadow At the Police Department RESOLVED grants permission to the that the Town Board of the Town of Southold hereby following students from the listed local High Schools to participate in a day of job shadowing at the Southold Town Police Department on Wednesday, April 16, 2008 : Mattituck High School Ted Richards Kaitlin Leden Southold High School Chris Conrardy Dan Scotto Joe Juettner April 22, 2008 Page 8 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-380 ? 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 2008-381 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Conveyance Documents and All Other Necessary Documents In Connection with the Town’s Purchase of the Peconic School From the Southold UFSD RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the conveyance documents and all other necessary documents in connection with the Town’s purchase of the Peconic School from the Southold UFSD , SCTM #1000-75-1-13. ? Vote Record - Resolution RES-2008-381 ? 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 2008-382 CATEGORY: Sanitary Flow Credits DEPARTMENT: Land Preservation Stackler Sanitary Flow Credits WHEREAS , on March 26, 2008, the Town of Southold purchased Fee Title to parcels known as the "Stackler" properties and identified as: SCTM #1000-45-5-7.1 (1650 Shore Drive, Greenport) SCTM #1000-45-5-7.2 (No # Silvermere Road, Greenport) SCTM #1000-47-2-33 (1650 Shore Drive, Greenport) April 22, 2008 Page 9 Minutes Southold Town Board Meeting SCTM #1000-47-2-34 (2075 Shore Drive, Greenport) SCTM #1000-53-1-18 (1653 Shore Drive, Greenport); and WHEREAS , said properties total 35.418 acres and were surveyed, mapped and calculated as being 21.03 acres (SCTM #1000-45-5-7.1), 3.681 acres (SCTM #1000-45-5-7.2), 0.22 acre (SCTM #1000-47-2-33), 0.231 acre (SCTM #1000-47-2-34), and 10.256 acres (SCTM #1000- 53-1-18), as per a survey prepared by Nathan Taft Corwin III Land Surveyor, Inc. surveyed February 7, 2002 (file #21-647A), with revisions and survey updates dated May 8, 2002, June 29, 2007, and September 21, 2007; and, WHEREAS , said designated properties are located within the following Zoning Districts: SCTM #1000-45-5-7.1 - R-40 (6.79 acres) / R-80 (14.24 acres), SCTM #1000-45-5-7.2 - R-40, SCTM #1000-47-2-33 - R-40, SCTM #1000-47-2-34 - R-40, SCTM #1000-53-1-18 - R-80; and WHEREAS , said properties are located within the Greenport School District; and WHEREAS , the deeds recorded as part of the purchases prohibit the use of the properties for any residential, commercial or industrial uses and prohibits the use of the properties for anything other than open space; and WHEREAS , as per Section 117-5 (Determination of Sanitary Flow Credit to be Deposited in the TDR Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the estimated sanitary flow credits available for transfer from the above- mentioned parcels prior to the Town Board public hearing on the purchases; and WHEREAS , the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcels following the closing on the parcels; and WHEREAS , a total of 11.85 (eleven and eighty-five one hundredths) sanitary flow credits are available to be placed into the Town TDR Bank as a result of these purchases, calculated as follows: SCTM #1000-45-5-7.1 9.85 credits SCTM #1000-45-5-7.2 0 credits (road area) April 22, 2008 Page 10 Minutes Southold Town Board Meeting SCTM #1000-47-2-33 1 credit SCTM #1000-47-2-34 1 credit SCTM #1000-53-1-18 0 credits (TNC grant toward purchase does not allow for sanitary flow credit transfer;) be it therefore RESOLVEDplaces 11.85 (eleven and that the Town Board of the Town of Southold hereby eighty-five one hundredths) sanitary flow credits into the Town TDR Bank from the Town’s fee title purchases of the properties identified as SCTM #1000-45-5-7.1, #1000-47-2- 33, and #1000-47-2-34 ; and, be it RESOLVED FURTHER that the Town Clerk shall enter this transfer of 11.85 (eleven and eighty-five one hundredths) sanitary flow credits into the Sanitary Flow Credit Log; and, be it RESOLVED FURTHER that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. ? Vote Record - Resolution RES-2008-382 ? 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 2008-383 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Road Treatment - Item #1 RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Bituminous Surface Treatment Liquid Asphalt Grades 50% MC-250 and 50% RC-250 with Screened Sand (“Oil and Sand”) within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: April 22, 2008 Page 11 Minutes Southold Town Board Meeting TownFishers Island (Mainland) Bituminous Surface Treatment $ 2.65 per sq. yd. $ 6.75 per sq. yd. Schim Mix Asphalt $ 84.00 per ton $ 185.00 per ton Fog Coat $ 2.00 per gallon $ 3.00 per gallon ? Vote Record - Resolution RES-2008-383 ? 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 2008-384 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Road Treatment - Item #2 RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Bituminous Surface Treatment RC-250 Liquid Asphalt &1A Stone (“Oil and Stone”) within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: TownFishers Island (Mainland) Bituminous Surface Treatment $ 2.45 per sq. yd. $ 7.25 per sq. yd. Schim Mix Asphalt Concrete $ 71.00 per ton $ 160.00 per ton Fog Coat $ 2.00 per gallon $ 3.00 per gallon ? Vote Record - Resolution RES-2008-384 ? 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 2008-385 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department April 22, 2008 Page 12 Minutes Southold Town Board Meeting Accept Bid Road Treatment - #3 Liquid Asphalt RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Liquid Asphalt Grades RC-250 & MC- 250 within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town Fishers Island (Mainland) Furnish and Place Within $5.00 per gallon $7.00 per gallon ? Vote Record - Resolution RES-2008-385 ? 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 2008-386 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Road Treatment - Item #4 RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Hot Mix Asphalt Concrete Pavement “Type 5 Shim” Sand Mix Asphalt within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town Fishers Island (Mainland) Hot Mix Asphalt Concrete Pavement 3X 500-1000 tons $69.00 per ton $175.00 per ton 4X Over 1000 tons $69.00 per ton $175.00 per ton April 22, 2008 Page 13 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-386 ? 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 2008-387 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid For Road Treatment - Item #5 RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Brothers, Inc., for furnishing and placing Hot Mix Asphalt Concrete Pavement “Type 6 Top” within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town Fishers Island (Mainland) 3X 500-1000 tons $69.75 per ton $175.00 per ton 4X Over 1000 tons $69.75 per ton $175.00 per ton ? Vote Record - Resolution RES-2008-387 ? 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 2008-388 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Road Treatment - Item #6 RESOLVEDaccepts thebid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Bituminous Surface Treatment RC-250 April 22, 2008 Page 14 Minutes Southold Town Board Meeting Liquid Asphalt “Oil & Recycled Stone ” within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town (Mainland) Bituminous Surface Treatment $ 2.05 per sq. yd. Schim Mix Asphalt Concrete $ 86.00 per ton Fog Coat $ 2.00 per gallon ? Vote Record - Resolution RES-2008-388 ? 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 2008-389 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Road Treatment - Item #7 RESOLVED thataccepts thebid of the Town Board of the Town of Southold hereby Thomas H. Gannon & Sons, Inc., for the application of Polymer Modified Emulsified Asphalt Pavement Type II Micro-Surfacing within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Type II Micro-Surfacing $ 1.89 per sq. yd. Truing & Leveling (Type 5 - Shim) $135.00 per ton ? Vote Record - Resolution RES-2008-389 ? 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 2008-390 April 22, 2008 Page 15 Minutes Southold Town Board Meeting CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Road Treatment - Item #8 RESOLVEDaccepts thebid of East that the Town Board of the Town of Southold hereby Island Asphalt Corp., in the amount of $58.00 per ton, for the purchase of Type 6 Top Hot Mix Asphalt to be picked up and used by the Southold Town Highway Department, , all in accordance with the bid specifications and Town Attorney. ? Vote Record - Resolution RES-2008-390 ? 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 2008-391 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Police Officer Thomas Hudock to Attend Quarterly Meeting of the State Juvenile Officers Association RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officer Thomas Hudock to attend the State of New York Juvenile Officers Association Quarterly meeting commencing on Thursday, June 6 through Friday, June 7, 2008, in Ithaca, New York. All expenses for travel and miscellaneous expenses to be a legal charge to the 2008 Juvenile Aid Budget line - A.3157.4.600.200. Travel to be by Department vehicle. ? Vote Record - Resolution RES-2008-391 ? 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 2008-392 April 22, 2008 Page 16 Minutes Southold Town Board Meeting CATEGORY: Road Dedications DEPARTMENT: Town Attorney The Cottages Road Dedication WHEREAS, CDCLI Housing Development Fund Corporation has made application to the Town Board of the Town of Southold to dedicate certain roads in Mattituck, New York, to be known as “COTTAGE WAY”, “RECHARGE BASIN”, and “PEDESTRIAN AND EMERGENCY ACCESS”, as shown on the map entitled “Map of Cottages at Mattituck” filed in the Office of the Clerk of the County of Suffolk on January 30, 2007 as Map No. 11491, together with the release executed by the owner thereof; and WHEREAS, the Southold Town Superintendent of Highways has inspected the said highways and has advised the Town Board that said proposed highways comply in all respects with the specifications for the dedication of highways in the Town of Southold; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New given to the Superintendent of Highways to make York, consent be, and the same hereby is, an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application ; and be it further RESOLVED that the Town Clerk be, and she hereby is, authorized and directed to forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York, subject to the approval of the New York State Superintendent of Highways. ? Vote Record - Resolution RES-2008-392 ? 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 2008-393 CATEGORY: Employment - FIFD April 22, 2008 Page 17 Minutes Southold Town Board Meeting DEPARTMENT: Accounting Appoint Leslie Tombari, FIFD WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their April 16, 2008 meeting to appoint Leslie Tombari of Fishers Island, NY to the part-time position of Clerk for the Fishers Island Ferry District, effective April 22, 2008, at a rate of $10.00 per hour, and WHEREAS the Town Board of the Town of Southold is required to also appoint employees of the Fishers Island Ferry District, now therefore be it RESOLVEDappoints Leslie Tombari of that the Town Board of the Town of Southold hereby Fishers Island, NY to the part-time position of Clerk for the Fishers Island Ferry District, effective April 22, 2008, at a rate of $10.00 per hour. ? Vote Record - Resolution RES-2008-393 ? 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 2008-394 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Townsend RESOLVED grants permission to that the Town Board of the Town of Southold hereby Planning Board member Joseph Townsend to attend a seminar on Innovative Floodplain Strategies for Coastal Areas at Stony Brook University, on April 30, 2008. Registration and travel to be a legal charge to the 2008 Planning Budget (meetings and seminars). April 22, 2008 Page 18 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-394 ? 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 2008-395 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Scott A. Hilary and William J. Lohn, Provisional Planners WHEREAS the Town of Southold has exhausted the Suffolk County Department of Civil Service List of Eligible’s for the competitive position of Planner, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill two Planner positions for the Planning Department with provisional appointments, and has received permission from Suffolk County Department of Civil Service to make said provisional appointments, now therefore be it RESOLVEDappoints Scott A. Hilary to that the Town Board of the Town of Southold hereby the position of provisional Planner for the Planning Department, effective April 23, 2008, at the Step 4 salary of $55,883.90 per annum, and be it further RESOLVEDappoints William J. Lohn that the Town Board of the Town of Southold hereby to the position of provisional Planner for the Planning Department, effective May 7, 2008, at the entry level salary of $48,714.78 per annum. ? Vote Record - Resolution RES-2008-395 ? 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 April 22, 2008 Page 19 Minutes Southold Town Board Meeting 2008-396 CATEGORY: Property Usage DEPARTMENT: Land Preservation Reese & Stackler Stewardship Management Plan RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2007- 765 adopting the Stewardship Management Plan for the Reese Property to hereafter be known as Reese & Stackler Properties and adopts a revised the Stewardship Management Plan for the plan which will include the Stackler properties identified as Suffolk County tax map numbers as follows: 1000-45.-5-7.1 1650 Shore Drive, Greenport 1000-45.-5-7.2 No # Silvermere Road, Greenport 1000-47.-2-33 1650 Shore Drive, Greenport 1000-47.-2-34 2075 Shore Drive, Greenport 1000-53.-1-18 1653 Shore Drive, Greenport ? Vote Record - Resolution RES-2008-396 ? 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 Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-457 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 April 22, 2008 Page 20 Minutes Southold Town Board Meeting 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 Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ?????????? Withdrawn Albert Krupski Jr. Voter ?? Supervisor's Appt ???????? Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Voter ?? Rescinded ???????? Scott Russell Voter Next: May 6, 2008 4:30 PM 2008-398 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for CAC NOAA Workshop WHEREAS the 2008 budget established for the Conservation Advisory Council does not include an appropriation for a National Oceanic and Atmospheric Administration (NOAA) workshop on May 10, 2008 at Peconic Landing, and WHEREAS the Conservation Advisory Council has decided to charge a $10 per person fee for all attendees at said NOAA workshop, and WHEREAS the Town Board of the Town of Southold has agreed to support the Conservation Advisory Council request to host said NOAA workshop, and April 22, 2008 Page 21 Minutes Southold Town Board Meeting WHEREAS the Town Board of the Town of Southold desires to modify the 2008 budget to accommodate the revenues and expenses associated with said NOAA workshop, now therefore be it RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: Appropriations: A.1990.4.100.100 Unallocated Contingencies $ 500 To: Revenues A.2705.40 Gifts and Donations, Other $ 1,500 Appropriations: A.3610.4.600.200 CAC, Meetings & Seminars $ 2,000 ? Vote Record - Resolution RES-2008-398 ? 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 2008-399 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWD Budget Mod Fiscal Impact: Budget line about to be exceeded due to higher than expected fuel costs. This Budget Modification is intended to cover heating costs through end of year. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: April 22, 2008 Page 22 Minutes Southold Town Board Meeting SR 8160.4.400.810 C&D Removal $ 4,000.00 To: SR 8160.4.100.250 Heating Fuel $ 4,000.00 ? Vote Record - Resolution RES-2008-399 ? 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 2008-400 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk New York State Town Clerk Assoc Annual Conference RESOLVED grants permission to Town that the Town Board of the Town of Southold hereby Clerk Elizabeth Neville to attend the 2008 New York State Town Clerk Association Annual Conference in Saratoga Springs, New York on April 26-30, 2008. All expenses for registration, travel and lodging to be a legal charge to the 2008 Town Clerk Whole Town budget (meetings and seminars). ? Vote Record - Resolution RES-2008-400 ? 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 2008-401 CATEGORY: Attend Seminar DEPARTMENT: Land Preservation 2008 Regional Open Space Advisory Committee RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Melissa Spiro, Land Preservation Coordinator, to attend the 2008 Regional Open Space April 22, 2008 Page 23 Minutes Southold Town Board Meeting Advisory Committee at the State Parks Long Island Headquarters in Belmont State Park, Babylon, New York, in her capacity as an advisory committee member for the drafting and recommendations for the 2009 New York State Open Space Conservation Plan, on April 17, 2008, and any further meetings scheduled thereafter during 2008. All expenses for travel, if any, will be a legal charge to the 2008 Land Preservation Department budget A.8710.4.600.200 (meetings & seminars). ? Vote Record - Resolution RES-2008-401 ? 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 2008-402 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Set Sell Price & Rent Maximums RESOLVEDsets the maximum sales that the Town Board of the Town of Southold hereby price and maximum allowable monthly rent for 2008 for affordable housing units in the AHD Zoning District, pursuant to Chapter 280-30(D) of the Town Code , as follows: Home Purchase Price Households earning 80% or less of the HUD median income (for Nassau/Suffolk) $194,250.00 Households earning 100% or less of HUD median $242,750.00 Households earning 120% or less of HUD median $291,250.00 Monthly Rent Efficiency $850.00 One Bedroom $910.00 Two Bedroom $1,092.00 Three Bedroom $1,262.00 April 22, 2008 Page 24 Minutes Southold Town Board Meeting Four Bedroom $1,407.00 ? Vote Record - Resolution RES-2008-402 ? 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 2008-403 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification-Cemeteries WHEREAS the Town of Southold has just recently received both the 2007 and 2008 invoice for $6.00 per year for maintenance of the Legion cemetery plot by the East Marion Cemetery Association, and WHEREAS the Town of Southold’s financial books for 2007 have been closed and the 2008 budget contains appropriations only for one year of maintenance for said cemetery plot, now therefore be it 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 Contingent, C.E. Unallocated Contingencies $ 6.00 To: A.8810.4.400.200 Cemeteries, C.E. Legion Plot Maintenance $ 6.00 April 22, 2008 Page 25 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-403 ? 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 2008-404 CATEGORY: Bond DEPARTMENT: Town Attorney SEQRA Tax Receiver Software Bond RESOLVEDfinds that the issuance of a that the Town Board of the Town of Southold hereby bond for the acquisition of tax collection software for use by the town tax receiver’s office, at the estimated maximum cost of $75,000.00 is classified as a Type II action pursuant to SEQRA rules and regulations , 6 NYCRR section 617.5, and is not subject to review under SEQRA. ? Vote Record - Resolution RES-2008-404 ? 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 2008-405 CATEGORY: Bond DEPARTMENT: Town Attorney SEQRA for SWMD Bond RESOLVEDfinds that the issuance of a that the Town Board of the Town of Southold hereby bond for the increase and improvement of the facilities of the Southold Solid Waste Management District (“District”) is classified as a Type II action pursuant to SEQRA rules and regulations , 6 NYCRR section 617.5, and is not subject to review under SEQRA. April 22, 2008 Page 26 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-405 ? 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 2008-406 CATEGORY: Bond DEPARTMENT: Town Clerk Bond for Tax Receiver Software BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED APRIL 22, 2008, AUTHORIZING THE ACQUISITION OF TAX COLLECTION SOFTWARE FOR USE BY THE TOWN TAX RECEIVER’S OFFICE, AT THE ESTIMATED MAXIMUM COST OF $75,000; APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $75,000 TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the “Town”), is hereby authorized to acquire tax collection software for use by the Town Tax Receiver’s Office, at the estimated maximum cost of $75,000, including preliminary, incidental and financing costs, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of serial bonds of the Town in the principal amount of $75,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $75,000 are April 22, 2008 Page 27 Minutes Southold Town Board Meeting hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the specific object or purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 Chapter 53-a of the Law, is ten (10) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the earlier of the date of original issuance of said bonds or notes issued in anticipation of such bonds. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized, or for expenditures made on or prior to such date if a prior declaration of intent has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act (“SEQRA”), has heretofore determined that the said specific object or purpose herein above described in Section 1 is a Type II Action as defined in said Act and the Regulations promulgated thereunder and no further review is required. (d) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation April 22, 2008 Page 28 Minutes Southold Town Board Meeting of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in “THE April 22, 2008 Page 29 Minutes Southold Town Board Meeting SUFFOLK TIMES,” a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. * * * EXHIBIT A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED APRIL 22, 2008, AUTHORIZING THE ACQUISITION OF TAX COLLECTION SOFTWARE FOR USE BY THE TOWN TAX RECEIVER’S OFFICE, AT THE ESTIMATED MAXIMUM COST OF $75,000; APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $75,000 TO FINANCE SAID APPROPRIATION. Object or purpose: to acquire tax collection software for use by the Town Tax Receiver’s Office, at the estimated maximum cost of $75,000, appropriating said amount therefor and stating that acquisition of said Tax Collection Software has been determined to be a Type II Action pursuant to the New York State Environmental Quality Review Act (“SEQRA”). Amount of obligations to be issued: $75,000 Period of probable usefulness: ten (10) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the earlier of the date of original issuance of said bonds or notes issued in anticipation of such bonds. A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York. Dated: April 22, 2008 Southold, New York April 22, 2008 Page 30 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-406 ? 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 2008-431 CATEGORY: Bond DEPARTMENT: Town Clerk Bond for SWMD Increase & Improvement 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 22nd day of April, 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 MAY 20, 2008 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 April 22, 2008 Page 31 Minutes Southold Town Board Meeting 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 $180,000, 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 $395,000 (the “Equipment Acquisitions” and together with the Transfer Station Improvements, the “Project”). The estimated total cost of the Project is $575,000, including preliminary 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 issued therefor, or shall be budgeted as an offset to the taxes for the payment of the principal and interest on said bonds; 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 th Hall, 53095 Main Road, Southold, New York, in the Town, on the 20 day of May, 2008, at 4:35 o’clock P.M. (Prevailing Time), to consider the Project at the estimated total cost of $575,000 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 Clerk Bulletin 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, Exhibit “A a notice of such 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. EXHIBIT A LEGAL NOTICE NOTICE OF PUBLIC HEARING MAY 20, 2008 April 22, 2008 Page 32 Minutes Southold Town Board Meeting WHEREAS, it has been determined by the Town Board (the “Board”) of the th Town of Southold (“Town”), Suffolk County, New York, on the 20 day of May, 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 $180,000 (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 $395,000 (the “Equipment Acquisitions” and together with the Transfer Station Improvements, the “Project”). The estimated total cost of the Project is $575,000, including preliminary 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, 4:35 o’clock P.M. (Prevailing Time), on May 20, 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: April 22, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK ? Vote Record - Resolution RES-2008-431 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-408 CATEGORY: Organizational DEPARTMENT: Solid Waste Management District Deputy At SW District April 22, 2008 Page 33 Minutes Southold Town Board Meeting RESOLVEDappoints David Zuhoski as that the Town Board of the Town of Southold hereby Deputy Solid Waste Coordinator for the Solid Waste Management District at a stipend of $5,000 for calendar year 2008, effective immediately through December 31, 2008 . ? Vote Record - Resolution RES-2008-408 ? 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 Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-409 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Orient Fire Department - Memorial Day Parade RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Orient Fire Department to use the following roads for its Annual Memorial Day Parade in Orient on Monday, May 26, 2008 beginning at 7:30 AM: Tabor Road, Orchard Street, Navy Street and Village Lane, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-409 ? 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 2008-410 CATEGORY: Seqra DEPARTMENT: Town Attorney April 22, 2008 Page 34 Minutes Southold Town Board Meeting SEQRA LL Dog & Cat Care Facility RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Dog and Cat Care Facilities in the Limited Business Zone” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated April 18, 2008, and authorizes is exempt Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency ReviewORisconsistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review . ? Vote Record - Resolution RES-2008-410 ? 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 2008-411 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL Dormers - Landmarked Buildings RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Dormers on Accessory Landmarked Buildings” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated April 18, 2008, and authorizes is exempt Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront April 22, 2008 Page 35 Minutes Southold Town Board Meeting Consistency Review OR is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review . ? Vote Record - Resolution RES-2008-411 ? 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 2008-412 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Kristy Winser to the Position of Provisional Senior Planner WHEREAS the Town of Southold has exhausted the Suffolk County Department of Civil Service List of Eligible’s for the competitive position of Senior Planner, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Senior Planner position for the Planning Department 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 Kristy Winser to that the Town Board of the Town of Southold hereby the position of provisional Senior Planner for the Planning Department, effective June 2, 2008, at the Step 2 salary of $60,360.71 per annum . ? Vote Record - Resolution RES-2008-412 ? 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 2008-413 April 22, 2008 Page 36 Minutes Southold Town Board Meeting CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Town Clerk PH 5/6/08 @ 4:35 PM - Paradise Pt Holding 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 sets Tuesday, May 6, 2008, at 4:35 p.m., Southold Town Hall, 53095 Main Southold hereby 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, 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. April 22, 2008 Page 37 Minutes Southold Town Board Meeting 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. ? Vote Record - Resolution RES-2008-413 ? 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 2008-414 CATEGORY: Budget Modification DEPARTMENT: Trustees Budget Modification - Waterfront Documentary Fiscal Impact: This is to pay an invoice from Cornell for the Trustees/Cornell waterfront documentary. NY State will reimburse the Town RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund, Whole Town budget, as follows: From: Appropriations A.1990.4.100.100 Unallocated Contingencies $2,432.44 To: Revenues A.3089.80 Department of State Grant $7,553.99 Appropriations A.8090.4.500.300 Consultants-Documentary $9,986.43 April 22, 2008 Page 38 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-414 ? 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 2008-415 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney Accept DGEIS & Set PH for TDR WHEREAS , the Town Board of the Town of Southold (the “Board”) has assumed lead agency status for review of the proposed Transfer of Development Rights program and for the purpose of compliance with the State Environmental Quality Review Action (SEQRA) for the action, as codified in 6 NYCRR Part 617, and WHEREAS, the Board found that a Generic Environmental Impact Statement (GEIS) would be necessary, and issued the appropriate determination (via a Positive Declaration) to require such document for the proposed action, and WHEREAS , the Draft Generic Environmental Impact Statement (DGEIS) has been prepared, the Board has reviewed the document and determined that it is adequate for public review and comment. NOW THEREFORE BE IT RESOLVED , that the Town Board hereby accepts the Draft Generic Environmental Impact Statement after due deliberation and review of the prepared documentation, for the purpose of public and interested agency review and input, and BE IT FURTHER RESOLVED , the Town Board hereby directs the Town Clerk to file a Notice of Complete Draft EIS and Notice of Public Hearing in accordance with the Notice and Filing Requirements of SEQRA and circulate the Draft EIS to public, interested agencies and parties of interest (noted below), in accordance with 6 NYCRR Part 617.12, and April 22, 2008 Page 39 Minutes Southold Town Board Meeting BE IT FURTHER RESOLVEDsets a Public Information Session , the Town Board hereby for review of the DGEIS document on May 6, 2008 at 7:30 p.m. at the Southold Town Hall, 53095 Main Road, Southold; and BE IT FURTHER RESOLVEDhold a public hearing on the Draft , the Town Board will GEIS at a special Town Board Meeting on May 27, 2008 at 7:30 p.m. at the Southold Town Hall, 53095 Main Road, Southold , to receive public comment on the DGEIS. At least 10 days will be provided for written comment after the close of the public hearing, and BE IT FURTHER RESOLVED , that the Town Board of the Town of Southold hereby directs the Town Clerk to file Notice of the Public Hearing in at least one (1) local newspaper, at least fifteen (15) days prior to the Public Hearing. Town of Southold Supervisor’s Office Town Clerk of the Town of Southold Town of Southold Planning Board Town of Southold Zoning Board of Appeals Town of Southold Town Trustees Suffolk County Dept. of Health Services Suffolk County Dept. of Public Works Suffolk County Water Authority Suffolk County Planning Commission NYS Dept. of Environmental Conservation, Commissioner, Albany NYS Dept. of Environmental Conservation, Regional Office at Stony Brook NYS Dept. of Transportation NYS Dept. of State US Army Corps of Engineers Inc. Village of Greenport Town of Riverhead Town of Southampton Town of Shelter Island ? Vote Record - Resolution RES-2008-415 ? 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 Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded April 22, 2008 Page 40 Minutes Southold Town Board Meeting 2008-416 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Approve Agreement with CSEA RESOLVEDapproves the that the Town Board of the Town of Southold hereby memorandum of agreement between the Town of Southold and the CSEA dated April 22, 2008, concerning the settlement of grievances. ? Vote Record - Resolution RES-2008-416 ? 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 2008-417 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL Dock Moratorium WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 22nd day of April 2008 a Local Law entitled Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold” now, therefore, be it RESOLVEDhold a public hearing on the that the Town Board of the Town of Southold will aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 20th day of May 2008 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. April 22, 2008 Page 41 Minutes Southold Town Board Meeting The proposed local law entitled, “A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold” reads as follows: LOCAL LAW NO. ___ of 2008 “A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold”. BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1: Legislative Intent The Town Board finds that the construction of docks in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound impairs the Town’s unique environment and ecology. The construction of docks in these waters results in environmental and physical degradation including, but not limited to, impacts to vegetation, water quality, marine life and benthic communities. Docks have the effect of impeding the public access and use of waters and shorelines, affecting navigation of vessels and creating negative aesthetic impacts. The Town Board finds that it is necessary to temporarily suspend the approval process for new docks in these waters, in order to comprehensively review the current code provisions and recent scientific studies. The Town Board expects to prepare legislation to address when, and under what circumstances, docks may be permitted in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound. Section 2: Enactment of a Temporary Moratorium Chapter 275 §275-17 Temporary Moratorium A. For a period of one hundred and eighty (180) days following the effective date of this Local April 22, 2008 Page 42 Minutes Southold Town Board Meeting Law after which date this Local Law shall lapse and be without further force and effect: 1) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any new dock (as defined in Chapter 275) proposed to be located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound; 2) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any extension or addition to any existing dock (as defined in Chapter 275) located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound. B. APPLICATION 1) This Local Law shall apply to ALL (new or pending) applications for a Chapter 275 permit from the Board of Trustees of the Town of Southold for any new or existing dock (as that term is defined in Chapter 275). C. EXCLUSIONS This Local Law shall not apply to: 1) the ordinary and usual maintenance or repair, in-place, of a presently existing dock that has been issued a permit by the Board of Trustees. D. CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of Chapter 275 of the Southold Town Code this Local Law supercedes, amends and takes precedence over such provisions pursuant to the Town’s municipal home rule powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and section 22 to supercede any inconsistent authority. In particular, this local law supercedes Southold Town Code Chapter 275 sections 275-5 and sections 275-7 through 11, April 22, 2008 Page 43 Minutes Southold Town Board Meeting to the extent that these sections require the Board of Trustees to act upon, hold hearings on, and make decisions concerning applications. E. APPEALS PROCEDURE The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate an extraordinary hardship. To grant such a request the applicant must file with the Town Board and the Board of Trustees supporting documentation. Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for recommendation) and shall include a fee of $50.00 dollars for the processing of the application. The application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. Section 3: SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4: EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-417 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-418 CATEGORY: Public Service DEPARTMENT: Town Clerk Waive the 30 Day Notification for the Renewal of a Liquor License to Blue Dolphin Hotel Inc., April 22, 2008 Page 44 Minutes Southold Town Board Meeting RESOLVEDwaives the 30 Day that the Town Board of the Town of Southold hereby notification for the renewal of a liquor license to Blue Dolphin Hotel Inc., 7850 Main Street, East Marion, New York. ? Vote Record - Resolution RES-2008-418 ? 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 2008-419 CATEGORY: Public Service DEPARTMENT: Town Clerk Waive the 30 Day Notification for the Transfer of a Liquor License to Aepos Corp. RESOLVEDwaives the 30 Day that the Town Board of the Town of Southold hereby notification for the transfer of a liquor license to Aepos Corp. from the Rhumb Line, 34 Front Street, Greenport, New York ? Vote Record - Resolution RES-2008-419 ? 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 2008-458 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk 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. April 22, 2008 Page 45 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-458 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ?????????? Withdrawn Albert Krupski Jr. Initiator ?????????? Supervisor's Appt Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Seconder ?? Rescinded ???????? Scott Russell Voter Next: May 6, 2008 4:30 PM 48. Statement COUNCILMAN WICKHAM: Can we have a little discussion about the second one? SUPERVISOR RUSSELL: Yeah. COUNCILMAN WICKHAM: It seems to me that we have a choice. We can adopt it as it is and then if there are any difficulties with its enforcement, we can address some of the concerns we have heard here tonight. Alternatively, we can ask somebody to prepare us a few recommendations and take it up in a couple of weeks and consider it. Those are, it seems to me, the two options we have. COUNCILMAN KRUPSKI: I would be in favor of acting on it tonight. It is a private business, it should be self regulating. JUSTICE EVANS: But with the addition of the language that Kieran... COUNCILMAN KRUPSKI: Well, with the addition of no sales... SUPERVISOR RUSSELL: With the addition of the no sales of pets. UNIDENTIFIED: It is not a private business. It is all the businesses that would come in and fall under this category. It is not one business we are talking about. We are talking about all the other people who would use this piece of the code and come in with their facilities. COUNCILMAN WICKHAM: You had suggested once or, I think you had suggested that you could get a set of recommendations to us on these issues. Could it be fairly concise and succinct and could it be within two weeks? UNIDENTIFIED: Inaudible COUNCILMAN WICKHAM: I am personally , I mean I am not trying to go in that direction but if the rest of the Board wanted to do that, I would be willing to hold all of this for two weeks, so we can at least review a brief set of recommendations. SUPERVISOR RUSSELL: I think we are turning ourselves into a regulatory authority and I would certainly write letters to the State asking them to address this issue at a state level and any April 22, 2008 Page 46 Minutes Southold Town Board Meeting boarding operation would then be subject to that, state or even at the county level but I don't think this Town has the capacity to be a regulatory authority when it comes to private business. There are other jurisdictions that have that ability. If there is a, certain issues or concerns, a safety net that you want, a catch door so that down the road we can (inaudible) if they are not doing it right, I would be willing to consider that and amend the code later but for the time being, I am prepared to move forward on this. JOHN BRADY: My name is John Brady of East Marion, I would like to say just one thing. It is our job to protect the animals and if, to wait for a couple of weeks for these ladies to make a recommendation isn't so terrible that you can wait and the, every business needs some kind of governing body to look at it. Whether it is a farm and certainly live animals need some kind of protection. So I don't see any problem with waiting a couple of weeks. We wait a long time for everything and this business is not going to be built in a couple of weeks, so why can't we wait? So that recommendations can be made and it can be done. Thank you. COUNCILMAN KRUPSKI: Thank you. Two weeks ago, we got painted as the Board who said, well, let's just wait and see. Now we are trying to act expeditiously and it is hard.... UNIDENTIFIED: Inaudible SUPERVISOR RUSSELL: This is a slippery slope. I have people calling me every day who want me to create oversight at the Animal Welfare League. I personally think they are using oversight to wage war. I think the Animal Welfare League does an excellent job, I don't want to be put in a position for second guessing or being a regulatory body over their operation. In this particular case, some of the applicants have worked at the Animal Welfare League historically. They have a deep care and commitment to the animals. I would let their process move forward and always be willing to amend the code later, after the recommendations are met but they have been waiting a long time and I don't know why we can't revisit the law, I mean, we can move forward on this and we can always revisit the law in two weeks, four weeks, six weeks, eight weeks, twelve weeks as needed. I don't know why we want to hold up the process. They have a long process to get through first. So it is not like this is going to open over night. UNIDENTIFIED: I just wanted to clarify something, when you talk about the North Fork, and the reason why I brought this up was because when I read it there was an inclusion of state and that is the reason why I brought it up because there are many, many people who believe that these businesses are regulated by the state. They are not. We are regulated by the state. We are regulated by the Agriculture and Markets, we are inspected by them, we have to meet codes and we have to meet compliance and we have to supply the data. So we are a regulated organization. We are regulated in the state. I just think it is important for people to know that when you put in a provision state regulations, that was in there and that was why I just wanted to let this Board know that there are no state regulations that apply to boarding house, that is what I am saying, to boarding. There are no regulations and I think it is user beware, buyer beware, you know, like as you have said. But that is why I think that part where it mentions the state should be taken out because a lot of people will call and say, you know, we have a problem, we have this and we have that. And you say, there are no regulations under state law. The North Fork Animal April 22, 2008 Page 47 Minutes Southold Town Board Meeting Welfare League has, for almost 30 years, been regulated by a state agency. We have to be in compliance with that agency. This is totally separate from what we do and that is why I brought it up, that I want people to know that there are no rules and regulations governing this business. So that is up to the Board. But it is just a fact, that there are not regulations. So I think that should come out, you know, the state regulations because there are none. SUPERVISOR RUSSELL: The reason it is in there, is should some come down the pike, within any legislation, you can't predict what the state or the county would do on any given industry. Would regulation come down the road, that catch phrase will make them subject to those rules and regulations. And we can actually strike it and they are still going to be subject to those regulations. But let me just point out a distinction here, the animals at the Welfare League have no one to speak for them that is why there is a regulatory process. There is no oversight, there are no owners for the cats, there are no owners for the dogs. We have our trust in you to do a good job and I guess there is a reviewing body that makes sure that you are doing a good job, at the state level, Ag and Markets you told me. But in this particular case you have pet owners, who are intimately and directly involved in the care of their animals. They are not animals that have been abandoned, that we trust that they are going to do a good job. These are pet owners, that will have to, like any pet owner, like I have been over, I would make sure in advance that I knew everything about that organization before I entrusted my animal to them. These pets have someone to speak to them, in this case. UNIDENTIFIED: Right. But I just think it is important for clarification, that these boarding facilities are not regulated by any state agency. So I think it is important for the public to recognize that, that there are no regulations. SUPERVISOR RUSSELL: Okay. COUNCILMAN WICKHAM: May I clarify the suggestion I made a few minutes ago? First of all, I have no wish to have that interpreted as a oversight committee of the North Fork Animal Welfare League, it has nothing to do with that at all. We have written into this law a whole series of restrictions, there are a number of restrictions that are written into it. I take the comments that I heard in the hearing as, hey maybe there ought to be a few more objective restrictions that ought to be in there. For example, how many animals per 100 square feet or something like that. If that is the case, I am, I would be open to keeping this hearing opened for another two weeks, listening to additional input, written input, in the nature of recommendations which the Board may or may not act on or take up. And then pass it or not pass it in two weeks times. COUNCILMAN KRUPSKI: It seems like a lot of regulation for a private business. COUNCILMAN WICKHAM: But it is already written, right in what we said. There is a lot of regulation in the text of this. COUNCILMAN KRUPSKI: There is. I think there is, absolutely. And we added some this evening. April 22, 2008 Page 48 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Can I just get the sense of the Board? Is there a sense here tonight that we can act on this as written? COUNCILMAN RULAND: Might I ask a question? SUPERVISOR RUSSELL: Sure. COUNCILMAN RULAND: Since we are only talking about the LB zone, how many other parcels if it is known, are in an LB zone that could start a parallel business? To the one that is proposed? SUPERVISOR RUSSELL: It depends on the size of the business they want, this particular operation I presume, they sized it and took a building up there but I would imagine an LB zone anywhere in town. We have plenty of inventory in LB. Not as much as other zoning, but we do have a decent amount. They raised...yes? UNIDENTIFIED: What is LB? SUPERVISOR RUSSELL: Limited business. This would only be pertaining to limited business. Limited business are generally what you might find in the downtowns, only they need more property. It, you limit their scope and basically it is just a bulk schedule requirement. They need more land to have that type of business because it wouldn't fit on a quarter acre or half acre lot. They raise good points but we can always include those points later in the process. COUNCILMAN RULAND: In what zone are the veterinary hospitals located? SUPERVISOR RUSSELL: They are actually required in an AC zone with at least three acres of land. That is a different component. It is in the law. But there is no veterinary care allowed in this particular. JUSTICE EVANS: Inaudible SUPERVISOR RUSSELL: Huh? JUSTICE EVANS: Or outdoor facilities. SUPERVISOR RUSSELL: Or outdoor facilities, which vets are entitled to. Can I get a sense of the Board? Can we act or do we want to table for two weeks. COUNCILMAN ORLANDO: I am ready. COUNCILMAN RULAND: Go forward. SUPERVISOR RUSSELL: Go forward. I am willing to go forward. I would certainly welcome April 22, 2008 Page 49 Minutes Southold Town Board Meeting the opportunity to revisit the law and add any suggestions that want to come down the pike. COUNCILMAN KRUPSKI: Or review any information, sure. SUPERVISOR RUSSELL: Right. Okay. Would anybody else like to come up and address the Town Board on this particular local law? Motion to close the hearing. JUSTICE EVANS: The hearing was closed already. SUPERVISOR RUSSELL: Oh, we did close that one? Oh, that is right, this is the discussion Tom started. Okay. 2008-421 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Dog & Cat Care Facilities WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 25th day of March, 2008 a Local Law entitled relation to Dog and Cat Care Facilities in the Limited Business Zone” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to Dog and Cat Care Facilities in the Limited Local Law entitled, Business Zone” reads as follows: LOCAL LAW NO. 4 of 2008 “A Local Law in relation to Dog and Cat Care Facilities in the A Local Law entitled, Limited Business Zone” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to promote a greater variety of commercial uses in existing real property in the Limited Business zone, the Town Board finds it appropriate to allow for a Dog and Cat Care Facility as a permitted use, provided that all activity is conducted inside the facility, April 22, 2008 Page 50 Minutes Southold Town Board Meeting . that sanitary conditions comply with all relevant regulations and adequate parking is provided II. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. B. INDOOR DOG AND CAT CARE FACILITY - a facility that provides dog and cat care services including, but not limited to, grooming, day care, overnight care, obedience training, and accessory retail sales of pet products, inside a building. The breeding and/or sale of animals shall not be permitted in such a facility. All dogs and cats must be kept inside the building at all times, except for transfer to and from transportation. No outdoor kennels or pens are permitted at such facility, and all dogs and cats must be controlled at all times to prevent their escape or trespass onto neighboring properties. Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the applicable Town, county or state regulations. The building must be insulated to minimize noise, such as dogs barking, that may be heard from neighboring properties. § 280-40. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. § 280-41. Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses. All permitted uses except single- family and owner-occupied two-family residences require site plan approval. (1) Any permitted use as set forth in and regulated by § 280-13A of the Agricultural- Conservation District except wineries, which shall be as set forth in Subsection A(9) below. (2) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: (a) Custom workshops and machine shops; (b) Wholesale or retail sale and accessory storage and display of garden materials and plants, including nursery operations, provided April 22, 2008 Page 51 Minutes Southold Town Board Meeting that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three feet of the property line. (c) Libraries or museums. (3) Professional and business offices. (4) Funeral homes. (5) Restaurants, except drive-in restaurants or formula restaurants. (6) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (7) Hotels. (8) Retail uses supplemental to the service business establishment. (9) Wineries which meet the following standards: (a) Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) Wineries shall obtain site plan approval. (c) Wineries shall have retail sales on site. (10) Bed-and-breakfast uses as set forth in and as regulated by §280-13B(14). (11) Private warehousing. (12) Indoor dog and cat care facilities. § 280-78. Off-street parking areas. Type of Use Required Number of Parking Spaces Indoor dog and cat care facilities 1 space per 400 feet of gross floor area III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately after filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-421 ? 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 2008-422 April 22, 2008 Page 52 Minutes Southold Town Board Meeting CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Dormers on Landmarked Buildings WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 25 day of March, 2008, a Local Law entitled relation to Dormers on Accessory Landmarked Buildings” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to Dormers on Accessory Landmarked Local Law entitled Buildings” whichreads as follows: LOCAL LAW NO. 3 of 2008 “A Local Law in relation to Dormers on Accessory Landmarked A Local Law entitled, Buildings”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this Local Law is to exempt historic accessory buildings that have received a “Certificate of Appropriateness”, pursuant to Chapter 170 of the Town Code, from the restriction on dormers. Additionally, this Local Law corrects a misnumbered code section reference in Chapter 280. II. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: §280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R- 200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. April 22, 2008 Page 53 Minutes Southold Town Board Meeting B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot Size (square feet) Maximum Height (feet) Minimum Setback for Side and/or Rear Yard (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10,000 - 19,999 20 15 10,000 - 19,999 22 20 20,000 - 39,999 18 10 20,000 - 39,999 20 15 20,000- 39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 Such buildings shall not exceed 660 square feet on lots containing up to 20,000 C. square feet and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed 3% of the total size of the parcel. D. Dormers are permitted on accessory buildings up to 40% of the roof width. This restriction shall not apply to buildings receiving a certificate of appropriateness from the Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the Town Code. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. III. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: §280-48. Use regulations. A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (2) Any permitted use set forth in and regulated by §280-91 45A(3) to (22) of the Hamlet Business District, except Subsection A(7) as applicable in the Business District is herein modified as follows: IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately after filing with the Secretary of State as provided by law. April 22, 2008 Page 54 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-422 ? 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 VI. Public Hearings 1. 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 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 2. Set 4/22/08 7:25Pm for a Public Hearing Re: a Local Law In Relation to Dormers on Accessory Landmarked Buildings COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: , there has been presented to the th Town Board of the Town of Southold, Suffolk County, New York, on the 25 day of March, “A Local Law in relation to Dormers on Accessory Landmarked 2008, a Local Law entitled Buildings” and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, 22nd day of April, 2008 at 7:35 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Dormers on Accessory The proposed Local Law entitled Landmarked Buildings” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to Dormers on Accessory Landmarked A Local Law entitled, Buildings”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this Local Law is to exempt historic accessory buildings that have received a “Certificate of Appropriateness”, pursuant to Chapter 170 of the Town Code, from the restriction on dormers. Additionally, this Local Law corrects a mis-numbered code section reference in Chapter 280. April 22, 2008 Page 55 Minutes Southold Town Board Meeting II. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: §280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R- 200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot Size (square feet) Maximum Height (feet) Minimum Setback for Side and/or Rear Yard (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10,000 - 19,999 20 15 10,000 - 19,999 22 20 20,000 - 39,999 18 10 20,000 - 39,999 20 15 20,000- 39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 Such buildings shall not exceed 660 square feet on lots containing up to 20,000 C. square feet and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed 3% of the total size of the parcel. D. Dormers are permitted on accessory buildings up to 40% of the roof width. This restriction shall not apply to buildings receiving a certificate of appropriateness from the Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the Town Code. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. III. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: §280-48. Use regulations. A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (2) Any permitted use set forth in and regulated by §280-91 45A(3) to (22) of the Hamlet Business District, except Subsection A(7) as applicable in the Business District is herein modified as follows: IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by April 22, 2008 Page 56 Minutes Southold Town Board Meeting any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately after filing with the Secretary of State as provided by law. I have notice that it has appeared on the Town Clerk’s bulletin board outside, it has appeared as a legal in the local newspaper, right here. I have a comment from the Chair of the Planning Board and it is a very succinct little comment. “The Planning Board supports this new local law.” A note to the file, this is a phone call from Andy Frelich, the Chief Planner in the Suffolk County Planning Department “Although they did not have time to write the letter concerning Southold Town concerning dormers, the Planning Commission has determined that this is a matter of local determination as there is no apparent significant county wide inter-community interest.” We have a note from the LWRP coordinator, “The proposed law has been reviewed to Chapter 268, based upon the information provided on the consistency assessment form submitted to the Department as well as records available to me, it is my determination that this proposed action is consistent with the policy standards and therefore is consistent with the LWRP.” In the file is a short environmental assessment form, filled out. And I believe that is all. Oh, a letter from, that is all we have on that particular file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the issue of dormers on historic structures et al? (No response) Hearing none. RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 3. PH 4/22/08 At 7:40Pm a Local Law In Relation to Dog and Cat Care Facilities In the Limited Business Zone COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 25th day of March, “A Local Law in relation to Dog and Cat Care Facilities in the 2008 a Local Law entitled Limited Business Zone” AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, nd 22 day of April, 2008 at 7:40 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Dog and Cat Care Facilities in The proposed Local Law entitled, the Limited Business Zone” reads as follows: LOCAL LAW NO. 2008 April 22, 2008 Page 57 Minutes Southold Town Board Meeting “A Local Law in relation to Dog and Cat Care Facilities in the A Local Law entitled, Limited Business Zone” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to promote a greater variety of commercial uses in existing real property in the Limited Business zone, the Town Board finds it appropriate to allow for a Dog and Cat Care Facility as a permitted use, provided that all activity is conducted inside the facility, that sanitary conditions comply with all relevant regulations and adequate parking is . provided II. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. B. INDOOR DOG AND CAT CARE FACILITY - a facility that provides dog and cat care services including, but not limited to, grooming, day care, overnight care, obedience training, and accessory retail sales of pet products, inside a building. All dogs and cats must be kept inside the building at all times, except for transfer to and from transportation. No outdoor kennels or pens are permitted at such facility, and all dogs and cats must be controlled at all times to prevent their escape or trespass onto neighboring properties. Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the applicable Town, county or state regulations. The building must be insulated to minimize noise, such as dogs barking, that may be heard from neighboring properties. § 280-40. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. § 280-41. Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses. All permitted uses except single- family and owner-occupied two-family residences require site plan approval. April 22, 2008 Page 58 Minutes Southold Town Board Meeting (1) Any permitted use as set forth in and regulated by § 280-13A of the Agricultural-Conservation District except wineries, which shall be as set forth in Subsection A(9) below. (2) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: (a) Custom workshops and machine shops; (b) Wholesale or retail sale and accessory storage and display of garden materials and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three feet of the property line. (c) Libraries or museums. (3) Professional and business offices. (4) Funeral homes. (5) Restaurants, except drive-in restaurants or formula restaurants. (6) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (7) Hotels. (8) Retail uses supplemental to the service business establishment. (9) Wineries which meet the following standards: (a) Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) Wineries shall obtain site plan approval. (c) Wineries shall have retail sales on site. (10) Bed-and-breakfast uses as set forth in and as regulated by §280-13B(14). (11) Private warehousing. (12) Indoor dog and cat care facilities. § 280-78. Off-street parking areas. Type of Use Required Number of Parking Spaces Indoor dog and cat care facilities 1 space per 400 feet of gross floor area III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately after filing with the Secretary of State as April 22, 2008 Page 59 Minutes Southold Town Board Meeting provided by law. I have a notice that it has appeared on the Town Clerk’s bulletin board outside and a legal in the local newspaper and again, a verbal comment from the Suffolk County Planning Commission, although they did not have time to write the letter, they phoned up and said that the Suffolk County Planning Commission has determined that this is a matter for local determination as there is no apparent significant county wide (inaudible). From the LWRP coordinator, ‘This proposed law, based on the information provided and the consistency assessment form submitted, it is my determination that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.’ There is a short environmental assessment form here and a letter from Patricia Moore, an attorney. A local attorney for an applicant. ‘Dear Supervisor and Board, As you know, I represent a member of the community who wishes to start a daycare center for dogs. I am not available for the public hearing but wish to thank you personally and on behalf of my client, the opportunity to accept this use as a new business in the Town of Southold. I commend you for your willingness to make changes, when needed, to the Town Code. A concern was raised with regard to the sale of animals, such as a puppy mill. My client is extremely opposed to puppy mills and pet shops which sell from puppy mills and she would recommend that the definition specify ‘no retail sale of pets’ to be sure that no one operates a dog or cat daycare improperly. Pet owners in Southold rely on kennels and animal hospitals, family and friends to feed and walk the pet and some enterprising individuals who open their houses to boarders. A dog and cat daycare center can provide quality daily care, exercise, companionship and grooming services to the pet and peace of mind to the owner. My client and I hope that you will adopt the code changes which we believe will benefit pet owners throughout the Town.” A letter from Jerilyn Woodhouse, Planning Board Chair on this proposed law. This th is dated April 14. “The Planning Board has evaluated the request to add a permitted use to the Limited Business zone that would accommodate businesses related to indoor dog and cat care services. A review of the purpose of the LB district is useful and the review follows. The purpose, already listed under section 280-40, this is what is currently in the code, the purpose of the LB district is to provide an opportunity to accommodate limited business activity along highway corridors but in areas outside of the hamlet central business areas that is consistent with the rural and historic characters surrounding areas and uses. Emphasis is placed on review of design features, so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural characters of the area. In contemplating the proposed addition of an indoor dog and cat care facility as permitted use in the LB zone, the Planning Board raised the issue of whether this type of use can meet the purpose of the LB zone as stated above. The use would be compatible with the LB zoning district only if the animals are kept indoors, in a building that is insulated to help mitigate the noise and no odor or pollution is caused by animal waste disposal. The animals would also need to be controlled properly to prevent them from escaping and trespassing onto neighbors properties. The definition of the new use, as proposed, appears to meet these criteria.” And I believe that those are the only comments in the file on this public hearing. SUPERVISOR RUSSELL: Okay. Would anybody like to come up and address the Town Board on this particular public hearing? April 22, 2008 Page 60 Minutes Southold Town Board Meeting THERESE McGUINNESS: Good evening, my name is Therese McGuinness, I am the president of the North Fork Animal Welfare League. The question that we had, what we would like to include in the definition that under 280-4, that it would strictly prohibit the sale of live animals from this. So would that be added in? SUPERVISOR RUSSELL: Yes. I think we, that was a recommendation, okay, what we here as part of the wording is ‘an accessory retail sale of pet products’ we would insert in that but not animals inside the building. In other words, actually I think the applicant made a recommendation to insert that language as well. ASSISTANT TOWN ATTORNEY CORCORAN: To be even clearer, what we can say after that sentence is ‘the breeding and or sale of animals shall not be permitted at such a facility’ SUPERVISOR RUSSELL: Okay? MS. McGUINNESS: Breeding and or sale ASSISTANT TOWN ATTORNEY CORCORAN: Or sale of animals shall not be permitted in such a facility. COUNCILMAN ORLANDO: But they will be able to sell shampoos and brushes… MS. McGUINNESS: Right. I just also wanted to make a comment when I read this and I think it is important because a lot of people are not aware that these facilities, these boarding facilities, they are still one of the only businesses in the state that have no regulations. People assume that a boarding facility that houses animals overnight have any regulations. The New York State Department of Agriculture and Markets has no licensing procedures, they have no regulations and they have no inspections. So I think it is very important for this Board to recognize that. It is still, as I said, one of the only businesses that has no regulations, so unfortunately for people that do use these businesses as such, some are good and obviously some are very problematic, they look to local government in other words, to state how many animals can be kept in the building. What is their care overnight? T his is a local issue because the state has nothing to do with these facilities. It has been a big contention of debate in the state, there are many, many municipalities who insist on local laws addressing specific, specific to this in so far as the overnight care, in so far as the how many animals will be held in this facility? So I think it is imperative on this Board to recognize that you and only you are the authority. There is no one else that anyone can call if they should have a problem. So municipalities are addressing this in terms of how many animals they can put in that building, what kind of care and whatnot. So I am glad to see that you are going to put in prohibit the sale of live animals but I think when I read the way in which this was written, where it says ‘in accordance with the applicable town, county or state regulations’ there are no state regulations for these facilities. They are completely unregulated. So I think it is important that you recognize that you are the Board, you represent the people and you are the only ones that people have the recourse to go to. So this is very non-specific in so far as the care of the animals and the number of animals that can be housed in the building. So thank you for your attention. April 22, 2008 Page 61 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? ROBERTA LEE: Roberta Lee, Cutchogue. Regarding this, I think it is imperative since I would imagine most of the people on the Board are not personally or commercially involved in the correct care of household pets, such as dogs and cats, that it would be wise to take advantage of the people in the community who are. Such as veterinarians, and other people who have in the past and right now in running successful businesses, knowing what the needs of an animal are. So that it is not necessary to put the animals or other people through any unrest and discomfort. I would advise that an advisory committee should be consulted, should be drawn up and should be consulted on how this town can have a successful and an organization without a lot of stress and sturm and drang. If that… SUPERVISOR RUSSELL: Would the advisory committee also be reviewing operations that the Animal Welfare League…. MS. LEE: That depends on the Board. SUPERVISOR RUSSELL: Okay, because I don’t want to get into a, quite personally, I don’t want to create a micro-managing organization. I think they are doing an excellent job at the animal shelter and I don’t want to have to see them… MS. LEE: The shelter is doing an excellent job under the director, absolutely. SUPERVISOR RUSSELL: Once we create that Board, I would imagine we are going to have, I am going to create a whole Board for one facility in Peconic? Or are they going to… MS. LEE: Well, there has to be some jurisdiction over this, wouldn’t you say, Mr. Russell? SUPERVISOR RUSSELL: Actually under current Department of Health, which would be a reviewing board, if they are grooming, they would have a New York State license. I think that any shrewd pet owner is going to look into their operation before they commit an animal to that. As an owner of several dogs over years, I wouldn’t leave it with them unless I understood in advance what all those issues were and what their level of care was. We actually have de facto boarding operations in Southold Town on a regular basis. I think to bring it out in the open and make it a public facility, that is for pet owners to weigh in on. MS. LEE: I would hope that the Town Board would take a close look at the type of what would the word be? Type of control or type of looking at the possibilities that could occur under circumstances like this, wherein animals could suffer and their owners. Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this issue? UNIDENTIFIED: The Agricultural Board of New York State has recommendations for animal shelter and sheltering of animals, such as the type of cage, such as the type of materials that are April 22, 2008 Page 62 Minutes Southold Town Board Meeting on the wall that are impervious to water and can be cleaned, drainage facilities, certain amount of water to feed the animals. The ability to hose down the caged areas and the amount of exercise each dog or cat or snake needs in order to stay there for the duration. And I think it might be beneficial if you look at some of those guidelines, so that this could be in our code and could be done correctly and not only protect the animals but the protect the general health of the public. As in a hospital, as in a daycare center, there has to be sanitary controls. SUPERVISOR RUSSELL: That would be Suffolk County Department of Health aegis. I believe that is under the aegis and bailiwick of their jurisdiction, when it comes to human health. And they would be a reviewing body in the application, just like any other Planning Board application. UNIDENTIFIED: Well, it would be like a code if we were building a house. We would indicate that we needed fire rated partitions, that we needed impervious surfaces in the bathroom say. I am looking towards the possibility of having a code, a restrictive code for these animal facilities that both would be informative to people that wanted to open animal facilities and also a safety for us, pet owners and government. COUNCILMAN KRUPSKI: This is a, I know I have friends who, when they go away on vacation, they leave their dogs somewhere. Is there any sort of regulation or is that basically a private business that regulates itself? SUPERVISOR RUSSELL: Well, right now local veterinarians offer boarding care, there are a lot of de facto boarding operations, people running it out of their homes. As the owner of two golden retrievers in the past, I have actually had to rely on private boarding operations, so you know, those are de facto operations they are operating out of their homes, you are not going to get them to come in and comply with a set of rules that get put into the town code. UNIDENTIFIED: Well, the number of animals would be different. Someone would take two or three animals in their home. This facility, the size of the building we are talking about, you could probably house 100 animals. It is enormous. So this is where the problem is. The problem is, restricting the number of animals and if they are going to have 100 animals and who knows where they are going to come from… SUPERVISOR RUSSELL: Owners. Again, the pet owners have to be responsible to look into the operation to make sure they want to leave a pet there. UNIDENTIFIED: I board my dog sometimes, not that many dogs are boarded, not that many cats are boarded. What I am saying is, we could be the first town to actually set rules and regulations for the health and control of these facilities. We could lead out. We could be the first. Nobody else has done this, nobody else has listed what is required. We could be the first and protect ourselves and our town and the animals that are at stake. It is something to consider. And we will get a copy of the recommendations to you so that you can see what the Agricultural Board lineates but then never enforces. Okay. Thank you. April 22, 2008 Page 63 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on the issue of this? (No response) Anybody having second thoughts about that dormer thing from before? You can weigh in on that, too. COUNCILMAN KRUPSKI: No, it is too late. SUPERVISOR RUSSELL: Well, we will still listen. COUNCILMAN WICKHAM: Move we close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Supervisor Russell SUPERVISOR RUSSELL: Okay, that finishes business. Would anybody like to come up and address the Town Board on any issue under the sun? Roberta Lee, Cutchogue ROBERTA LEE: Good evening, ladies and gentlemen. My name is Roberta Lee and I live in Cutchogue. I am bringing us back to the onerous problem of the so-called Heritage. In regard to the question of open space on the Heritage, the contents of the DEIS which is the Draft Environmental Impact Statement for the Heritage at Cutchogue and if anyone is wondering what this is about, it is about a 48.6 acre property, on, behind, opposite the post office in Cutchogue and will visiting again the proposal that they had submitted, several weeks ago this information had been presented to the Town Board but there was no reaction to it. No answers, no questions, nothing. This is what the developer or the ruinator, depending upon your point of view, has proposed. Section 1.3.6, open space. Open space will be provided for residents of the gated compound in the form of landscaped common areas and the network of plastic lined ponds located throughout the central portion of the site. Am I correct so far? SUPERVISOR RUSSELL: Yes. MS. LEE: Additional amenities will include an indoor and outdoor pool, the 10,000 square foot community center and tennis courts. They are calling all of this open space. Where as, that has nothing to do with open space. The houses will form a ring, like drawing the wagons in a circle and they will put all of their little so-called amenities in the middle. Open space will be provided only for the residents of the community and their guests, as the community will be gated with private access. This harkens back to the other thing about the affordables. They are going to be, like you know, let’s have a scarlet letter for them in place of that, we will just put their houses together; 14 units. And nobody in the affordables are allowed to use any of the so-called amenities. Really a disgusting, horrible thought. It is feudalism all over again. Additional areas of open space exist via a nearby park located immediately to the east of the subject parcel which provides additional open space and recreational opportunities for the residents. Apparently the developers consultant thinks the cemetery on Depot Lane is a park. Or is he talking about the trailer park? The Village Green is not located to the east but it is the only park I know of in April 22, 2008 Page 64 Minutes Southold Town Board Meeting Cutchogue’s hamlet center. The review prepared for the Southold Town Planning Board to determine whether to accept the scope and content of the first Draft Environmental Impact statement for the Heritage at Cutchogue planned adult active community as adequate for the purpose of commencing public review. The consultants review does not include any comment on section 1.3.6. That means that the company in Westhampton that was hired to overlook this DEIS did not take into consideration that very point, of open space. There is no open space that is included in this, none whatsoever, except for them. By reviewing sections 1.3.1 skipping to 1.3.5 including the rest in between and skipping section 1.3.6; the consultants DEIS review essentially approved the outrageous plans of the developer. At the meeting when Southold Planning Board decided the first Department of Environmental Impact Statement was incomplete and inadequate, there was no discussion by the members of the Planning Board and the Planning Board refused to allow any public comment. Does the Town Board know that the farmland on which the Heritage at Cutchogue development is proposed is for sale? Ladies and gentlemen, it is a question. Requires an answer. Do we know that it is for sale? SUPERVISOR RUSSELL: The particular parcel that is subject to the Heritage is actually in contract. It has been in contract for six years. There is a contract vendee and a landowner. MS. LEE: No, we are not talking about that. This project, this land has been proposed for sale in the DEIS section 5.1 on page 54 it states the developer has to have an alternative plan. SUPERVISOR RUSSELL: Right. MS. LEE: It is, alternative number one, no action/public acquisition. That is proposed by the developer. It should be noted that the applicant is amenable to having the property acquired as long as the public agency is willing to purchase the property at fair market price. Is the Southold Town Land Preservation Department reviewing the developers offer? This is the question we wanted to have answered the last time. So? COUNCILMAN KRUPSKI: I am the liaison to the Land Preservation Committee. I don’t know any application the developers made to that Committee or to that Office for the sale… MS. LEE: Alright. We will have to look into that. You are saying that no offer has been extended? COUNCILMAN KRUPSKI: Not to my knowledge. No offer from the, no application has been made. MS. LEE: Well, perhaps the offer has been made but the application hasn’t. COUNCILMAN KRUPSKI: No, the sale of development rights or the purchase of fee title for open space by the Town …. MS. LEE: Yes? April 22, 2008 Page 65 Minutes Southold Town Board Meeting COUNCILMAN KRUPSKI: …is a voluntary program, that someone would come to the Town with a proposal. MS. LEE: Well, they put it on paper, they put it in writing. They have made the Town aware of it through this DEIS statement. COUNCILMAN KRUPSKI: You have to go to the Land Preservation Department and make an application if you are serious. MS. LEE: Who does? COUNCILMAN KRUPSKI: The applicant, the landowner. MS. LEE: That is nice to know. COUNCILMAN KRUPSKI: If they were serious, that is where they would go. MS. LEE: Apply to the Preservation…. COUNCILMAN KRUPSKI: Land Preservation Department. MS. LEE: Okay. Does anybody have, and I am sure somebody must, have an idea of what is the fair market value on that parcel? SUPERVISOR RUSSELL: I wouldn’t speculate because if that opportunity comes forward, I would hate to commit to a number tonight that… MS. LEE: I am not asking you to commit, I am asking a ballpark figure. SUPERVISOR RUSSELL: But it is a public forum, I think it is irresponsible to present a ballpark figure because the developer and the Town would have to come to terms on price. I would hate to give him an indication of my indication of value. MS. LEE: What you think he is going to think you are willing to pay. Is that what you mean? SUPERVISOR RUSSELL: No, no. What he thinks it is worth. In other words, you just asked me what the market value is, not what I am willing to pay for it. MS. LEE: Hmm. Well, somebody must know the market value. SUPERVISOR RUSSELL: Oh, I have a pretty good indication but I wouldn’t suggest it in public because again, that might compromise negotiations with an owner who is willing to sell development rights. MS. LEE: Has anybody been listening to the news today regarding the foreclosure rate? April 22, 2008 Page 66 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: For dwellings? MS. LEE: This has never been, since the Depression, the foreclosures have gone plunging, plunging, plunging the real estate market. This is the best time for us to acquire that property. Regarding fair market value, today is it. COUNCILMAN WICKHAM: Roberta, if you want an answer to that question… MS. LEE: Mmm. COUNCILMAN WICKHAM: A number of real estate offices here could give you an accurate answer. MS. LEE: Well, why wouldn’t the Town Board have some kind of an idea? COUNCILMAN WICKHAM: Even if there were, ultimately, a transaction between the owner and the Town, it would have to have been determined arms length, by a professional appraiser. MS. LEE: Okay. So who is going to get the ball rolling? What do we have to do? COUNCILMAN WICKHAM: The applicant, as Councilman Krupski said, the applicant has to make a formal application to do a transaction with the Town. We have not received that application. MS. LEE: So the owner of the property, currently… COUNCILMAN WICKHAM: If he is serious about… MS. LEE: Not the developer, the owner? COUNCILMAN KRUPSKI: Correct. SUPERVISOR RUSSELL: No, the developer is a contract vendee who is paying interest. He is entitled to speak right now for the title, if I am not mistaken, Kieran. MS. LEE: He is entitled to speak to the holder. SUPERVISOR RUSSELL: Either party can approach us, either party to approach us, it would be nice to have the gentleman who right now is the contract vendee on that property, he has a contract. I don’t know the terms of his contract but I have to assume that the owners would be subject to liability if they deal with the Town without the contract vendee signing off. ASSISTANT TOWN ATTORNEY CORCORAN: I think you need both of their consent. April 22, 2008 Page 67 Minutes Southold Town Board Meeting MS. LEE: We need to have what? ASSISTANT TOWN ATTORNEY CORCORAN: We don’t know what rights the vendee has. He may only have rights, you know, to develop it in certain parameters. Every contract is different but to be sure, you would want the consent of the owner as well as the vendee. SUPERVISOR RUSSELL: I approached the owners themselves, who said they would be willing to discuss the partial purchase of the property, perhaps even the outright purchase. This is where I am getting confused, in the coherence of the message because several months ago we were asked to rezone it by you and others. MS. LEE: Yes and I am still in approval of anything that is going to save that place from being…. SUPERVISOR RUSSELL: Well, a rezoning would pre-suppose that it gets developed. Preservation is different. That would say I don’t want anything there. Rezoning says I will accept something there but…. MS. LEE: Preservation does not necessarily mean I want nothing there. SUPERVISOR RUSSELL: Well, if the Town bought it, it would because we couldn’t do anything with it but open it up for public, passive use. The, I just don’t know because you wanted us to rezone it… MS. LEE: Yeah, sure. SUPERVISOR RUSSELL: That would result in less impact. MS. LEE: We want something to happen to that property other than having a Disneyland for… SUPERVISOR RUSSELL: And so do we. And I talked to Benja about this and I just want to correct something; you said we didn’t address the issue of open space. I was actually, wasn’t at the meeting when Benja raised it but I was at a following meeting and I did address that with him. When he talked about the open space and the public component, that is a specific section of the code that said we will waive park and playground fees in exchange for valuation exchange, in other words, we are going to get this for public open space. But I, when I told Benja, I think the Town is entitled to open space without waiving over $1,000,000 in parks and playgrounds fees. Benja was, I think, unknowingly arguing in the interest of the developer there by suggesting we are going to waive over $1,000,000 in park and playground fees because he is willing to give us some community open space. We are entitled to open space without waiving that fee and I think Benja, like I said, unknowingly, was actually arguing for the developers interest. We rejected the idea that all the open space is going to be in the middle and be ponds. We rejected all of that. We have the Planning Board, right now, developing standards, design standards that would have substantial open space that would protect the surrounding community. Again, something in the style you would see in Founders Village. Not what he is proposing. I don’t know of anyone on April 22, 2008 Page 68 Minutes Southold Town Board Meeting this Board that supports the idea of giant condos, in a big circle around that entire parcel. Most of that we have rejected and he has got a long way to go before he makes anybody here happy. It is not like we are doing nothing, we are doing nothing; we are doing quite a bit. The Planning Board is working on those design standards as we speak. MS. LEE: I am sure that you know that both the farm, which would be paved over sacrificing our aquifers and involving a lot of runoff, I am sure that you know that both that farm and the farm to the east on Depot Lane are on the Community Preservation Fund list. Correct? SUPERVISOR RUSSELL: Yes. MS. LEE: Okay. I think it is time to move on something like that. Let’s take him up on his offer, let’s take the advantage point of having the market having fallen so and let’s get going to preserve our farmland. SUPERVISOR RUSSELL: First of all, the market right now, the hit is in residential home sales. Vacant land in Southold has not yet seen that decline that you are talking about. We are insulated in many respects from what is going on throughout the country. You might see it on CNN but I am certainly not seeing it in land transfers in Southold Town. Land is still at a premium. MS. LEE: I see an awful lot of for sale signs. SUPERVISOR RUSSELL: On vacant land? I am not. MS. LEE: Everywhere. SUPERVISOR RUSSELL: Of homes. Which has seen the drop. MS. LEE: And in land as well. SUPERVISOR RUSSELL: But they are two completely different markets. Residential, large tract vacant land and single and separate homes are two completely different markets with different dynamics. I was an appraiser here for 15 years. Trust me. The land hasn’t yet seen that type of decline. MS. LEE: Well, what is wrong when you speak of Benja, what is wrong about his idea about turning this farmland into a new town center, just last week we had Justice Price here begging to have a more secure courtroom. We are obviously kind of operating in a rude kind of environment. And we need to protect, I know when I go to Southampton to court to translate, you have to go through this environment and that environment and the other thing. You get checked and you have to have, anybody can walk in here, just exactly as he said. SUPERVISOR RUSSELL: I would say that there are plenty of compelling uses that I can think of for that property other than a condo facility. However, I think buying 46 acres of land to build April 22, 2008 Page 69 Minutes Southold Town Board Meeting a Justice Court is financially foolish. MS. LEE: Well, how about including with it a new Town Hall? SUPERVISOR RUSSELL: I do not want to spend money, we cannot afford a new Town Hall. MS. LEE: A new Highway Department, a new Police Department? And depending on the results of this past firehouse debacle, maybe room for that as well. SUPERVISOR RUSSELL: And you are worried about preserving the farmland? With that type of structures on it? MS. LEE: No, I am not worried. No, what I am worried about… SUPERVISOR RUSSELL: I have got news for you, there would be nobody left in town because the debt service would chase us all away. That is a lot of uses on one site. MS. LEE: That is a lot of uses. But how about then, okay, fine. How about a farm? When they are getting… SUPERVISOR RUSSELL: That is a compelling idea. MS. LEE: …you know, 133% more on wheat than they did a couple of months ago? SUPERVISOR RUSSELL: Those are, farms… MS. LEE: I think it is… SUPERVISOR RUSSELL: Bring it in to the affordable farmland program is a compelling idea. I certainly think that would be a compelling reason… MS. LEE: We agree on something. SUPERVISOR RUSSELL: Well, I am not sure if we disagree, I don’t know what we disagree on but …. MS. LEE: I am happy to hear… COUNCILMAN KRUPSKI: The courthouse. SUPERVISOR RUSSELL: The courthouse, yes. And a new Town Hall and a new Highway and a new Police Station, I disagree on all that stuff. We spent a fortune for two years. MS. LEE: Okay. Let’s see. You have admitted tonight that at least you are open to the idea of looking this over carefully. This is the second time we have come forward to you, asking for your answers on the question regarding the very same thing that I have presented to you yet April 22, 2008 Page 70 Minutes Southold Town Board Meeting again this evening. Please, ladies and gentlemen, give this careful consideration because we will be here as long as you are here. Let’s get on with it. SUPERVISOR RUSSELL: I know but I just don’t understand, if we are going to rezone it, that means development. Now we are going to save it. I am not sure financially it makes sense to save 46 acres in the heart of a hamlet. I supported partial preservation, half of it. I approached the developer on that. MS. LEE: Yeah, but they didn’t go for that. SUPERVISOR RUSSELL: No, they didn’t. MS. LEE: They turned that down six months ago, so you know, that is over with. SUPERVISOR RUSSELL: Yeah, now I am hoping to try to get it for three through a site plan process through a design standard, so we still want that open, I don’t think anyone here is even remotely interested in what he put on the table but there is a process that we are working through to try to meet our goals. MS. LEE: Well, let’s hope that it meets all of our goals. Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Would anybody else like to? Charlie. Charlie Catlin, Mattituck CHARLIE KAYTON: Good evening, Board. I am coming here for a complaint. I got a house on the block where I live there on Bray Avenue, I have got about 30 people living here. Now, the Code Enforcement Officer was down there. Does this guy work? SUPERVISOR RUSSELL: Enforcing housing occupancy law is very difficult. There is a lot of, it is very difficult for us to build a case, we have been trying in many circumstances to build cases throughout the Town . It is very difficult. MR. KAYTON: I used to be a Code Enforcement Officer for 35 years. It didn’t take me three months to do something. I did it right away and it was done. This guy, you can’t even talk to him, he doesn’t know he is alive. SUPERVISOR RUSSELL: Then come and talk to me, Charlie. MR. KAYTON: Alright. SUPERVISOR RUSSELL: Come and talk to me. You know the process we have put in place, we are taking code enforcement much more seriously than we ever have. You can come and talk to me any day. April 22, 2008 Page 71 Minutes Southold Town Board Meeting MR. KAYTON: You know where I am talking about? I have been here since 1955, I used to live in Old Westbury. When I retired I moved out here. I never seen some of the laws that we got out here. They come out here, they come and float the moon here. I got people down there that have been living, there is about 25 of them in the house. This is insane. They are walking down the streets with baby carriages. You know what that does to the neighborhood. I don’t think you fellas would want that, do you? That is a one family house, they do not belong there, it is up to you fellas to get them out of there. There is no law saying that. That is just breaking the law. SUPERVISOR RUSSELL: I am not sure I would be against a woman pushing a baby carriage. You know, I have a seven year old and a four year old, so I would hate to think I was a law breaker over that for the past seven years. MR. KAYTON: Well, let me ask you a question, it is a one family home. SUPERVISOR RUSSELL: A single family dwelling. MR. KAYTON: Correct. SUPERVISOR RUSSELL: Right. MR. KAYTON: Why should we have 20 people living in there? SUPERVISOR RUSSELL: The law allows for up to four unrelated tenants. If families are extended and related, then we cannot evict them. You can’t evict partial families out of homes. The burden for us is to prove if people are related or not. It is a very difficult process. I think the rental permit law will go a long way to help us in that process and I would like to have that discussion in the near future. However, it is a very difficult process but we have been muddying through, trying to get the job done over the last couple of years. But Charlie, come to me any day, you know that. And I will walk over there and sit down with Ed with you. MR. KAYTON: Alright. SUPERVISOR RUSSELL: Okay. COUNCILMAN ORLANDO: Did the Code Enforcement Officer go down there and look at this with you? MR. KAYTON: Yeah. He came down about four months ago. He went down, I showed him the house and that was the end of him. COUNCILMAN ORLANDO: Where there multiple people there when the Code Enforcement person was there? MR. KAYTON: They certainly were. It is not a very nice scene, I will tell you that much, when April 22, 2008 Page 72 Minutes Southold Town Board Meeting I see the baby carriages coming out with the kids hanging out of the baby carriage, I mean, this looks very good, this is still America. SUPERVISOR RUSSELL: Remind me not to have you babysit. Now, honestly, I know Charlie and I understand and it is a problem throughout the whole Town. There is a desperate need for affordable housing and I think a great deal of exploitation going on all the way around. But come talk to me about the specifics. I don’t want to air out a grievance on a specific home in a specific community but you can come talk to me. We will get to the specifics of it. We will go meet with Ed together and I will go out with you and Ed to look at the situation. MR. KAYTON: Good enough. SUPERVISOR RUSSELL: Thank you, Charlie. MR. KAYTON: You’re welcome. Steve Husak, Mattituck STEVE HUSAK: Good evening. Steve Husak, Mattituck. Couple of things on my mind tonight. First, can I get clarification on what it takes to get a tree taken down in Southold Town? The other day the Highway Department was up on a private residence, Breakwater Road in Mattituck and they took a tree down for a person. The tree did not appear to be falling down, did not appear to be a hazard to the roadway. As I understood it, if you had tree branches in your wires you called LIPA, they sent out their subcontractor, he would trim it. SUPERVISOR RUSSELL: We have mutual obligation to maintain trees and remove trees in the public right of way. Was it on the public right of way? MR. HUSAK: No, this tree was on the front lawn of a house. SUPERVISOR RUSSELL: The front lawn might have been the public right of way. You would be surprised how far out people plant. But I will look at, again, come to me with specifics at an adjourned time and I will look into that and get answers for you. Did you call the Highway Superintendent? MR. HUSAK: No. I was coming here tonight with a couple of other things, I just thought I would get some clarifications on it. SUPERVISOR RUSSELL: I will get answers on that but we do have mutual obligations to maintain the public right of way. MR. HUSAK: I can understand taking a branch down over a road if it is going to fall, if it is going to block traffic or whatever. But to take a whole tree down. SUPERVISOR RUSSELL: It depends, we do have two tree surgeons on staff that will look at it and evaluate if it is healthy or not or if it poses a problem. But we do have obligation in the public right of way. April 22, 2008 Page 73 Minutes Southold Town Board Meeting MR. HUSAK: Okay. Second, at the intersection by Wendy’s Deli, where the new light was put up a couple of months ago… SUPERVISOR RUSSELL: Yeah. MR. HUSAK: There is a situation and I hope you guys will talk to the county about this. If you are east bound from Sound Avenue, people are making a right turn onto the Sound Avenue extension there on the red light. Now if there is a big truck in the eastbound lane, people are coming around the backside of the truck, people have the green light coming off Cox Neck and the last two weeks I have witnessed three or four near misses there. Somebody is going to get clipped. SUPERVISOR RUSSELL: It has always been a bad spot. The light made things a little better but certainly had unintended consequences. We are hoping in the near future, that the county will participate with us in putting that round-about there, that would be a large buffering and we can eliminate the light altogether. MR. HUSAK: I would love to see the round-about there, too but in the meanwhile, if we can get a no turn on red sign up there. SUPERVISOR RUSSELL: Oh, I actually had a request to consider no truck traffic on Old Sound and I think that is something we need to talk about given the new residential community down there. MR. HUSAK: Well, that’s… SUPERVISOR RUSSELL: It is problematic because of the shopping center down there, trucks have to get somewhere. But I had one of the residents down there asking about that. MR. HUSAK: Third is my annual appeal for beach rights for surf fishermen. Okay? You know me, I volunteer a lot of time in this community as well as being a business owner in this community. My hours are weird. I love the beach between the midnight hours and 6:00 AM hours. Why should I have to pay for an extra fee to park my car down there? most of the time I don’t get hassled by the police because I have the fire department sticker on the back and they don’t hassle me but I get hassled by homeowners all the time. I am walking with my waders up to my waist in water and people are screaming at me that I am on a private beach. I brought a couple of pictures that I took this afternoon to show you how bad it has gotten and I would like to show them to you. SUPERVISOR RUSSELL: Sure. MR. HUSAK: This is bulkhead and a boulder just east of the old Beachcomber motel in Cutchogue. That is a boulder. They have spray painted onto the boulder. This continues down the whole bulkhead. April 22, 2008 Page 74 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Yeah, this is… MR. HUSAK: That is one of the worst examples but there are just signs all over Southold Town. SUPERVISOR RUSSELL: And you know what? I agree with you but there is a balancing act here. I can show you different pictures of the same exact spot with 40 or 50 people fishing there, sitting on bulkheads they don’t own, sitting on rocks they don’t own. Leaving garbage behind when they leave at the end of the day. This in particular, this particular beach site, it is really problematic. I have to say, I don’t agree with the taste of spray paint but that person owns that bulkhead, if they don’t want you sitting on it, that is their fundamental right. MR. HUSAK: Alright. They don’t own the rock though, do they? SUPERVISOR RUSSELL: I believe they do. They own to the high water mark, which exceeds the rock. MR. HUSAK: I am below the high water mark. That is under federal law, that is navigable waters… SUPERVISOR RUSSELL: State law. MR. HUSAK: State law. I should be allowed to be in the water, in my waders, below the high tide mark. I should be allowed to be on the beach… COUNCILMAN KRUPSKI: You don’t need to bring your attorney, don’t worry. The public trust doctrine protects you from that. MR. HUSAK: I understand that. COUNCILMAN KRUPSKI: Below mean high water, you are allowed access. SUPERVISOR RUSSELL: I don’t know where this rock, it is hard for me to say, I know there are some rocks there that are on property and there are some rocks that are beyond that. MR. HUSAK: I think it is a shame that somebody can, I mean, if you want to put up a sign, put up a sign. That is graffiti. SUPERVISOR RUSSELL: I know it is. MR. HUSAK: That is graffiti. If you want to put up a sign, put up a printed sign that you can buy in the hardware store. But don’t spray paint Southold Town and stuff. And my suggestion is, unless there is a criminal act involved, you don’t send the police out. Unless they are partying, causing vandalism, breaking into houses; if they are below the high tide mark, there is no law being broken. The town could spend their money better with the police. April 22, 2008 Page 75 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: I have to be frank, you are one of the few that are honoring the below the high tide mark. I have been down there myself in the middle of the summer and it is a playground, fishing and everything else. And these people have no inherent right to sit there. It is no different than I would let them sit in my front yard. That is the front yard to these homeowners. You are one of the few people that honors the rules and now you are paying the price for others. MR. HUSAK: I can tell you where the problem is coming from and I hate to say it because I have a lot of great people that work for me, this immigrants. And I have had this conversation with the DEC officers that patrol the North Fork. It is the immigrant population, they are coming down and they are taking every single fish they catch. They are leaving their diapers, their garbage… SUPERVISOR RUSSELL: It is not just immigrants, I am sorry, it is not just immigrants. MR. HUSAK: I am not saying 100 %.... SUPERVISOR RUSSELL: I have met plenty of families from western Nassau county who look as Swedish as I do who are also exploiting the ease of access to our beaches. It is not really about immigrants and non-immigrants, it is about the ease of access to our beaches. MR. HUSAK: Well, then write the tickets at the end of the road for not having a Southold Town permit. SUPERVISOR RUSSELL: Yeah. And we do that and then they park 100 feet away where there is no permit required. We are trying. I know, we are trying but it is like a balloon. You push here and they go there and you know. MR. HUSAK: I understand, believe me, I got my boat rebuilt just in time for $5 a gallon gasoline. So between kayak fishing and surf fishing, that is where I am going to be spending most of my time and on my boat on my dock. But I really hope you guys can at least prevent that from happening because that is disgusting. Thank you for your time. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come and address the Town Board? Supervisor Russell COUNCILMAN WICKHAM: Move we adjourn? SUPERVISOR RUSSELL: Oh, we have to take her. That is that dormer thing again. I know, you have been thinking about it. UNIDENTIFIED: I just want to know when the chain are coming down at Clark’s beach? SUPERVISOR RUSSELL: The chains coming down? The county has an offer pending, we are April 22, 2008 Page 76 Minutes Southold Town Board Meeting still looking at what is expected of us. It is not for me to say, I don’t own that beach, the Village does. For the time being. The county made an offer, I don’t believe they have closed. On top of that, that chain I believe, is on the westerly portion which is being offered to the Town for sale and we are still, our Land Preservation Committee is evaluating it. I have talked to the Mayor about it. Contract issues that I don’t want to get involved in publicly but we are still evaluating whether we are going to buy that site or not. The county made an offer, I don’t believe they have closed. Alison, come on, we just got you a beautiful one right here. We are trying here, you know? Would anybody else like to address the Town Board? (No response) Move to adjourn. VII. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:11 PM. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell