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HomeMy WebLinkAboutTB-05/20/2008 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 May 20, 2008 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, May 20, 2008 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on May 20, 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. Land Tracking First quarter of 2008 2. Board of Trustees April 2008 3. Department of Public Works April 2008 May 20, 2008 Page 2 Minutes Southold Town Board Meeting 4. Judge Louisa Evans April 2008 5. Judge Price April 2008 6. Judge Bruer Monthly Report April 2008 7. Budget Month ended April 30, 2008 8. Town Clerk Monthly Report April 2008 II. Public Notices 1. NYS DEC Marine Recreational Fishing Laws and Regulations 5/5/08 2. Liquor License Renewal with New York State Liquor Authority North Fork Associates, Inc. d/b/a North Fork Beer & Soda Distributors, Mattituck 3. Suffolk County Planning - Zoning Amendments in Riverhead Section 108-3(B) Definitions; Word Usage - "Motor Coach Terminal" Sections 108-246 thru 255 "Outdoor Lighting" Section 108-3(B) Definitions; Word Usage (Golf courses) 4. NYS DEC Notice of Complete Application Applicant - Town of Southold (Board of Trustees) to excavate and remove phragmites from an approx. 25’ x 50’ area on each side of Bay Avenue bridge over Marion Lake, East Marion III. Communications 1. Gratitude to Southold Police Letter from Justice Wills commending Police Department for assistance with locked vehicle. 2. Decatur Electronics Commends Police Officer Scott Latham Commends police officer Scott Latham for dedication to job. May 20, 2008 Page 3 Minutes Southold Town Board Meeting IV. Discussion 1. 8:45 AM - Dave Bergen Channel Marker Proposal 2. 9:00 AM - Lynne Krauza, John Nickels Jr. Tax Council 3. 9:30 AM - Jim McMahon, Melissa Spiro SEQRA for Bittner and permits for removal of house, shed, pool and bulkhead 4. 9:45 AM - Jim McMahon, Melissa Spiro Draft legislation re Community Preservation Fund 5. 10:00 AM - Jim McMahon - DPW/Mowing Solid Wasate Facility - Streetlights for Cottages at Mattituck 6. 10:20 AM - Jamie Richter - Town Beach Site Plan - New Suffolk Beach Update - Design Learned Invoices 7. 10:45 AM - Joseph Fischetti Noise Abatement Procedures for Helicopters 8. Fireworks - Strawberry Festival and General Policy 9. 11:30 AM - Chief Cochran PD Update 10. 11:45 AM - Executive Session - Chief Cochran Employment history of a particular person 11. 12:00 Noon - Executive Session - Frank Isler, Esq. Litigation 12. 12:30 Pm - Lunch 13. Appointments to Boards May 20, 2008 Page 4 Minutes Southold Town Board Meeting 14. Appoint Community Stakeholder Representative on LWRP 15. Request of Kayak Greenport Race Committee for Services 16. Set Public Hearing for Peconic Transfer Station Permit 17. Executive Session CSEA negotiation/employment terms for particular persons Special Presentation 4:30 PM - Mrs. Dickerson’s Mattituck-Cutchogue Class Open Space Stewardship Program COMMENTS - Current Meeting: SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. What I would like to do is invite Town Trustee and Cutchogue science teacher, Peggy Dickerson up to introduce everybody that is sitting here in yellow shirts tonight. PEGGY DICKERSON: Thank you very much, Supervisor Russell and Town Board members. I th am thrilled to be here with a 4 grade class, they are very, very excited. Their teacher Mrs. Gamberg has been their guide for the last month and a half as they have been working on a project and they would like to share this information with you. I want to make sure that you all understand that the power point that you are about to see is student made not adult made and I will bring up our speakers to both microphones and let them get started. th UNIDENTIFIED: Good afternoon, we are 4 grade students from Mrs. Gambergs’ class at Cutchogue East elementary school. Our class has been involved in the open space stewardship program, sponsored by Brookhaven National Laboratory. The nature of the open space stewardship program is to encourage students and schools to carry out scientific research at the open spaces throughout Long Island. The purpose of our presentation today is to share with you the research and important information about plants and animals at Pipes Cove. It is our hope that after you hear our information, Southold Town will continue to purchase remaining parcels at Pipes Cove region. UNIDENTIFIED: But before we begin, we would like to thank the Town for already preserving land. On two occasions this year, we went to two different sites that have already been preserved. In the fall, we went to Fort Corchaug. There we were able to conduct scientific research. We examined natural resources that are abundant in this part of the country. We learned first hand how the early settlers were able to survive and how the local economy grew. In the early spring, we went to Pipes Cove. There we were able to act like important scientists. We took water, air and soil temperatures. We studied the land for evidence of flora and fauna. We also had the opportunity to meet people who worked at Town Hall, which helped us understand how our local government works. On both trips we spent time writing powerful pieces because we were so inspired by the beautiful and peaceful surroundings. Thank you for providing us and the school age children of Southold Town with an outdoor classroom. May 20, 2008 Page 5 Minutes Southold Town Board Meeting UNIDENTIFIED: Parcels of land in the Pipes Cove region have already been preserved. We learned that in 2004 the (inaudible) we learned that scientists, there are some reasons why scientists think that Pipes Cove is so special. In our research, we found, we learned that, in our research we learned that in 2004 the New York Heritage Program conducted scientific research on the Pipes Cove area. Their research team included ecologists, botanists and other scientists. They found that eight rare plants exist on this land. They also thought that vernal ponds or pools could exist on this land. When we conducted our own research of Pipes Cove this spring, we saw first hand that vernal ponds actually do exist. In fact, we saw several vernal ponds in a small area that we studied. We will provide you with the GPS coordinates for your records. UNIDENTIFIED: I would like to share with you why these vernal ponds are so important. First vernal ponds are very important because some animals are obligate species. We learned that an obligate species is a species that are dependent on vernal ponds for certain stages of their life cycle. The vernal ponds swelled with water in spring and provide an essential habitat for these species to mate, lay eggs and a place where the eggs can develop into larva stage when they can swim or crawl away. They are really important because some threatened or endangered species in our area are obligate species. The ferry shrimp, the wood frog and the spotted salamander all need vernal ponds to survive. These ponds are also important because other fish do not exist in them and therefore they would not prey on these species. If human disturbance such as home construction were allowed to happen on this land, these endangered and threatened species would not have the proper habitat and their population would decrease. UNIDENTIFIED: As we have stated, eight rare plants exist in the greater Pipes Cove and surrounding Moores Wood preserve. They are: seaside giardia, seaside plantain, the swamp smart weed, the sea pink, the dwarf glass wart, the perennial salt marsh aster, the swamp cottonwood and the very rare crane fly orchid. We think it is very important to protect these rare flowers. The area of Pipes Cove has four different ecological communities. They are: maritime beach, low salt marsh, high salt marsh and the oak hickory forest. The area that we are concerned with is considered an oak hickory forest. This type of ecological community is important because it acts like a buffer because salt spray and salt water can damage the plants. The oak hickory forest is an important buffer between the high salt marsh and the very rare plants that exist in the neighboring Moores Wood Preserve. In our research, we learned that local naturalist Mr. Roy Latham discovered the crane fly orchid exists on this property. The population of the rare crane fly orchid in the Moores Wood is the only known of this population in all of New York. Because the Pipes Cove area is in the Moores Wood watershed, the population of the cranefly orchid could become larger if this area is protected. UNIDENTIFIED: When we were at Pipes Cove that cold day in March, I was inspired to write the following: if someone didn’t preserve this land, think of what it could have been. A polluted city with hardly any trees, with cars and subways. A big sprawled out mansion that really has no use. Or a factory, puffing black smoke in the air, polluting it, robbing animals of their habitat. But instead, because someone preserved this land, we are sitting on a log by a vernal pond. Saving land saves animals habitats. You save beautiful landscape and rare living things. It is peaceful, knowing that the world might be a better place. In an effort to thank you for preserving May 20, 2008 Page 6 Minutes Southold Town Board Meeting land, I wrote the following: Mother Nature’s haven. The wind whispers to me, calling while it plays with the trees. The deer run swiftly, playing. Jumping joyfully like little children. So peaceful is this land. Captivating. The sea batting at the beach like a kitten. Birds trill in the sky, gliding. Mother Nature’s angels. I feel the bitter cold stinging. It finds me through the layers of clothes. The wind its chariot, the cold flies through the trees. The wind whispers to me, calling in Mother Nature’s haven. Our class has prepared posters, presentations and brochures to educate our schoolmates, family and friends about the importance of vernal ponds, obligate species and why Pipes Cove is so special. UNIDENTIFIED: (Inaudible) UNIDENTIFIED: In closing, we would like to thank you for your time today. We would also like to thank the Nature Conservancy, the Peconic Land Trust and the Group for the East End for coming to our class and speaking to us about land preservation. We would also like to thank Mr. Sepenoski, Mr. Terry, Mrs. Dickerson and Mrs. Cusack from the Town for taking their precious time to work with us. This project has given us the opportunity to engage in real scientific research and an opportunity to further develop our reading, writing, listening, speaking and technology skills. Coming to today has given us the wonderful experience of delivering a presentation to a real audience and allowing us to actively participate in our local government process. We hope that you will continue to purchase the remaining parcels of land in the Pipes Cove region, not just for us but for all the children of future generations to come. Thank you. SUPERVISOR RUSSELL: I personally want to thank all of you. Certainly for the adults who were involved from the Town for your efforts in making this happen and for the students, you actually went from learning to teacher tonight because you taught us quite a bit that I didn’t know and certainly brought to the forefront how important that area is and how preservation is so important to this community. Peggy, I can’t thank you enough for everything you do for this community and for the children of this community. I am sorry, Mrs. Dickerson. Thank you very much. Actually we are having a hearing in a little while on docks in the bay, can you just have the kids put the chairs here and stand between us and the audience? Thank you very much, kids. Now that the children have left, I am stunned by the work they did and the presentation they made and I will certainly hope that is the first of many, many of these types of little programs that we are going to create. Would anybody like to come up and address the Town Board on any issue as it appears on the agenda? On any of the resolutions? Mrs. Egan? Joan Egan, East Marion JOAN EGAN: My pastor gave me this for my birthday. I don’t know how to do this. Thank you. Didn’t get a chance to really go through all of it. It was only given to us as we got here. SUPERVISOR RUSSELL: Our meeting was just finished a few minutes before, so it was a very long work session today. MS. EGAN: The road to hell is paved with good excuses. COUNCILMAN KRUPSKI: Actually, I am amazed at the efficiency of the Town Clerk’s office. May 20, 2008 Page 7 Minutes Southold Town Board Meeting MS. EGAN: Hmm? COUNCILMAN KRUPSKI: To get it out so quickly. SUPERVISOR RUSSELL: To get it out so quickly. There were a lot of changes made, we have a substantial agenda today. COUNCILMAN KRUPSKI: It is a compliment to the ladies in the Town Clerk’s office to get it here as amended, that quickly. MS. EGAN: It has nothing to do with the price of beans. We have to see it, to review it, to question it. But, you did something wrong. Has to be something wrong. Item 503, the seminars. Like I say, are nickeling us dimes to death. They should stay home and do their job. They are not doing the job they are supposed to do and we are paying them too many big bucks. SUPERVISOR RUSSELL: You know what, Mrs. Egan? Let me tell you something. We actually talked about that today and I did reference you. we think you are right and what we are going to do is we are reevaluating our policy of just taking these requests for granted and we are going to require that a lot more onus be placed on the table to decide what is in the Town’s interest to go and what is not. And that is a policy, actually I just talked to Albert and Vincent and Bill and Tom and the rest of the Board about and we are going to bring more oversight to that. MS. EGAN: Oh, sure. COUNCILMAN KRUPSKI: It is not only the cost of the seminar and the travel time and the meal or possible lodging, it is also the loss of productivity for the Town for that day, so we are going to take all of that into account. MS. EGAN: Oh, yes. That sounds good. Well… SUPERVISOR RUSSELL: Actually, me and Albert are going to a seminar… COUNCILMAN KRUPSKI: We are going to Vegas for a week. SUPERVISOR RUSSELL: Yeah, there is a seminar to tell us how to go about that. MS. EGAN: I don’t think I need to attend it. Item 506, the Chief is going away and you know I keep saying the same thing, we are down on policemen, we need more policemen. Now the Chief goes away and somebody has to come in and take his place. The crime rate is up, you all know that. Anybody up there read the justice report? How do you like that, dear? It was a short one last week because Judge Price had other commitments but it is pretty bad. Traffic and other serious crimes. Well, item 507, again if they don’t get a good bid for those automobiles, that the school can get it. Because with this economy hitting the skids, these kids need to know how to do something with their hands rather than pick up a beer. Well, 509 is the same thing. Going May 20, 2008 Page 8 Minutes Southold Town Board Meeting away into the city and you can’t stay at a hotel in the city for less than $200, $300 a night. This should be done by telephone, telegraph whatever. I notice Mrs. Finnegan is scheduled to go for something. Are you going to take her place, Mr. Corcoran? Or is she going to go? This is item 510. ASSISTANT TOWN ATTORNEY CORCORAN: She is going. MS. EGAN: I don’t understand why she goes for this and can’t come for that. SUPERVISOR RUSSELL: She is required to go annually for continuing education as part of her profession. This will meet her requirement for the year. So she is going to have to go to something. This being located in Melville seems like the most realistic and practical option for her. MS. EGAN: Will you be accompanying her? ASSISTANT TOWN ATTORNEY CORCORAN: I will not. MS. EGAN: Oh, a little justice court. 511. How is our little building doing over there? No termites, no this, no that? SUPERVISOR RUSSELL: Well, no. I think it is doing well. We eradicated those a few weeks ago and things are doing well and we have the search committee out looking at sites now. We are actually, just engaged the volunteer services, someone to sketch out the office needs of our court. So that we can size it and figure out where we can locate them. MS. EGAN: Soon. SUPERVISOR RUSSELL: Absolutely. We are working on it weekly. MS. EGAN: Very, very soon. Now I think you told me that 512, these committee people, there is no salaries involved, right? SUPERVISOR RUSSELL: No. Volunteers. MS. EGAN: Item 514, are we replacing this person or have we already? SUPERVISOR RUSSELL: We have not already. My presumption is that we will need to replace the individual. MS. EGAN: Okay. Oh. Public works. There is a lot of money going there. I have been trying to get in touch with Mr. McMahon but he has been quite busy. You know at this time of the year, there is no landscaping in front of the police department and what is the progress on getting somebody maybe to donate some money to move the flagpole? You hear anything about that? May 20, 2008 Page 9 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: No. Actually we had an offer to relocate the tree. That would leave the flagpole where it is. The tree is what presents the problem and someone had just called my office, just in the past few days to talk to me about relocating the tree, which is that large blue spruce that is overgrowing… MS. EGAN: When you say relocate the tree, where and how? SUPERVISOR RUSSELL: Well, that is what I have to call him back and find out. First number one, will it be free? Secondly, we have plenty of good locations throughout this town where we can relocate that tree. Even on site, on campus, just at a location that won’t obstruct the front of the building. MS. EGAN: According to what I understand, to do that properly would cost close to $10,000. SUPERVISOR RUSSELL: It was actually estimated at more than that. That is why that original plan was abandoned. However, someone had heard of it, contacted this individual who seems to think he has a plan that might be compelling to the Town. I will call him and hear what he has to say about it. MS. EGAN: Yeah. Well, let’s not act too hastily there. SUPERVISOR RUSSELL: No, we won’t. MS. EGAN: Now, item 519. I think most taxpayers received a card, you had a, you sent out cards about the June 3 meeting about the solid waste and how much $850,000. I am repeating myself. There is too much money going into that dump, spoke with a couple of neighbors of mine and they were infuriated recently at their treatment there. Senior citizens. They were sent from one place to another place and when they got there, they were yelled and screamed at. I said, well, you should have called the Supervisor. Well, we expect you to do that. I said, no. I said, I wasn’t there, I am taking your word that it happened but you have got to get on top of it themselves. SUPERVISOR RUSSELL: They need to call me. If they have been mistreated by Town employees, they need to call me. MS. EGAN: Absolutely. I said, if you don’t want to do that, at least get a name. Get a name of the person who, you know, was disrespectful to you. But again I say, that too much money there and I think we might get an offer to buy that dump away from us and I think that would be great. I really didn’t have time to look at the others, I don’t know enough about the Fishers Island thing. Now, on item 523, who is this young lady? SUPERVISOR RUSSELL: Loriann Pfeifer is actually, it is per the Housing Advisory Commission’s charter. They look for community participation, they are volunteers for this Affordable Housing Committee and this committee tries to reflect the community itself. In other words, members throughout the community and people who have participated in the program in May 20, 2008 Page 10 Minutes Southold Town Board Meeting the past. Ms. Pfeifer had actually participated in the program in the past and was gracious enough to step up and say I’ll serve as a volunteer on that Affordable Housing Committee. MS. EGAN: I like to hear that. Item 527, this is the airport. What is the helicopter situation? SUPERVISOR RUSSELL: The helicopter situation, it has improved slightly over last year. We actually just had a gentleman come before the Board today to talk about noise abatement programs being organized through Gabreski Airport. We actually had about a week ago, I talked to Senator Schumer’s office to get an update on his plan which is to foster cooperation. We are rolling out, in the near future, an 800 number, so you can call and file complaints. I am taking complaints right now in Southold and I relay them to the Northeastern Helicopters Pilot Association, so that they can follow up on it. MS. EGAN: Good. That is that east end group. Have they located over here? SUPERVISOR RUSSELL: I am sorry? MS. EGAN: That east end…. SUPERVISOR RUSSELL: No. That is an environmental organization that just created an office. Are you talking about East End… MS. EGAN: Yeah but they were involved… SUPERVISOR RUSSELL: The Group for the East End? MS. EGAN: Yeah. Yeah. They had been on the south shore and they moved to the… SUPERVISOR RUSSELL: That is right. But I am not sure they are related to the helicopter situation. MS. EGAN: Well, I think they were going to get involved in it, weren’t they? I am not sure of it myself. Oh, well on item 529, you know, I think I mentioned it at last Town Hall meeting you know, about the state and the government controlling you know, undocumented workers and I had seen a big change in the last few weeks (inaudible) construction down. I am not seeing too many more of them and I don’t know what is going to happen with our farm people. I think I had said that at last Town Hall meeting and I just have to stay on top of it. Oh, item 532, this Dean Sambach. Now that’s an excellent appointment. He will be very good. Very good. Item 534, there has been a lot of controversy about this person getting any money at all. SUPERVISOR RUSSELL: Yes. MS. EGAN: You have any real good feedback on it? SUPERVISOR RUSSELL: Yes. He had actually come to me and told me that he would refuse, once again, as he has done year after year, he will reject any stipend to be paid as Chairman of May 20, 2008 Page 11 Minutes Southold Town Board Meeting the Transportation Commission. Why we had put that in tonight was to rescind that resolution because he would not take it, to serve as its Chairman. He served for years, he is not looking for remuneration for that Committee and he had told me quite frankly he will not take it. MS. EGAN: Well, I am glad it will go down quietly, rather than a fuss over it. Oh, item 536, I personally think all fireworks should be discontinued. I think they are nothing but trouble, you have so many more houses here, more congestion. The danger of fires is always present. The danger of people being hurt. So I hope whoever issues permits for fireworks does it extremely, extremely carefully. It is bad. You have the problem with the illumination, you have the problem with global warming and fireworks or anything like that does have a rolling effect. So I hope they are extremely, extremely careful giving out… SUPERVISOR RUSSELL: I am going to go out on a limb and assume your maiden name wasn’t Grucci. MS. EGAN: Pardon? SUPERVISOR RUSSELL: I am going to go out on a limb and assume your maiden name wasn’t Grucci. Actually understand, this policy does put a substantial and I think very responsible policy in place governing fireworks displays in Southold Town. COUNCILMAN KRUPSKI: And most of the policies are actually New York state law, that we are going to adhere to. The only Town policy is the times involved that they can and can’t be displayed at. The rest of it is New York state law. MS. EGAN: Well, I know some of my neighbors don’t like me but that is too bad about them because they do it on my private beach and I call the Southold police department just like that. So 539, there will be a moratorium? SUPERVISOR RUSSELL: Yeah, that will be subject to a public hearing this evening. MS. EGAN: Oh, this evening. Oh, okay. That is it, thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any item as it appears on the agenda? (No response) Hearing none. Oh, I am sorry. Benja Schwartz, Cutchogue BENJAMIN SCHWARTZ: Benjamin Schwartz, Cutchogue. On the five resolutions regarding the going to various seminars. Just one comment on that. Rather than the just the Town Board increase its oversight, I would appreciate it if we had more information for the public available as to what the costs and what the purposes of each seminar was and that, I think, would make it self-policing. COUNCILMAN KRUPSKI: Today we asked the Town Attorney to send a letter to that, just exactly regarding that to every department head…. May 20, 2008 Page 12 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: On exactly your point. COUNCILMAN KRUPSKI: Exactly those parameters. The time, the effect on the department and the cost. MR. SCHWARTZ: So we are in agreement. COUNCILMAN KRUPSKI: Absolutely. MR. SCHWARTZ: I am not a gambler, I am not a betting man and I, you know, I have never lost a bet with any of you, I don’t think I ever made a bet with any of you but I would be willing to bet that none of you know what the Southold Town Board did 25 years ago today. SUPERVISOR RUSSELL: They went to Italy to see a composting facility. Am I right? MR. SCHWARTZ: Yes. SUPERVISOR RUSSELL: How much did we bet? MR. SCHWARTZ: Seriously, 25 years ago today May 20, 1983, the Town Board adopted two acre residential zoning. In all over the Town. So I just thought we would like to note that, to commemorate that. I am really not sure that I should bring this up now but I just want to mention very quickly that I was at the meeting last week and I would like to ask the Town Board, the advertisement in the paper said that Scott Russell and members of Southold Town Board want your input. Was that a invitation from the entire Town Board? To that meeting at the Knights of Columbus hall in Cutchogue last week? SUPERVISOR RUSSELL: No. Benja, you know what? We have to get through the agenda. There will be plenty of time to talk about these issues but can we just keep the current comments only to the agenda items so that we can get that done with? And open the discussion later on. MR. SCHWARTZ: I will wait until after the meeting. My point was, that there was a whole other agenda that was not on the Town Board calendar or things, I believe that essentially it was a quasi Town Board meeting over there. SUPERVISOR RUSSELL: Where? MR. SCHWARTZ: At the Knights of Columbus hall in Cutchogue. They were discussing town business and the Supervisor was there and Councilman Orlando and Mr. Ruland said there was almost a quorum there and it says here that the entire Town Board invited people and it says here that the entire Town Board invited people and yet it wasn’t, it was public, it was open to the public but I question whether that was an officially sponsored Town Board meeting or…. SUPERVISOR RUSSELL: No. That was called a focus group and it wasn’t close to a quorum. The only two that attended were myself and Councilman Orlando. Councilman Krupski couldn’t May 20, 2008 Page 13 Minutes Southold Town Board Meeting because he had a scheduling conflict that night and Councilman Ruland was on his honeymoon. I am sorry, your anniversary. MR. SCHWARTZ: It was confusing. COUNCILMAN RULAND: I was in St. Augustine, Florida. I was not there. COUNCILMAN KRUPSKI: If I didn’t have the Land Preservation meeting that night here that night, which was right here, I would have gone. But I did have that other town obligation. SUPERVISOR RUSSELL: Can we stick to the agenda? MR. SCHWARTZ: I will return to that later. SUPERVISOR RUSSELL: Would anyone else like to comment on the agenda items? (No response) Hearing none, let’s move forward. V. Resolutions 2008-500 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated 5/20/08 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby May 20, 2008. ? Vote Record - Resolution RES-2008-500 ? 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 2008-501 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 6/3/08 4:30 Pm May 20, 2008 Page 14 Minutes Southold Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 3, 2008 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2008-501 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-502 Tabled 5/6/2008 4:30 PM CATEGORY: Road Dedications DEPARTMENT: Public Works Authorize and Direct the Long Island Power Authority (LIPA) to Energize the Street Lights (4) in “The Cottages” Subdivision RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Long Island Power Authority (LIPA) to energize the street lights (4) in “The Cottages” subdivision, located on the south side of Sound Avenue, Mattituck, New York. ? Vote Record - Resolution RES-2008-502 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland 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 2008-503 CATEGORY: Attend Seminar DEPARTMENT: Building Department Grant Permission to Fire Inspector Robert Fisher and Chief Building Inspector Michael Verity to Attend a Seminar on Electric Incident Cause and Origin RESOLVED grants permission to Fire that the Town Board of the Town of Southold hereby Inspector Robert Fisher and Chief Building Inspector Michael Verity to attend a seminar on Electric Incident Cause and Origin in Yaphank, New York, on Friday, June 27, 2008 May 20, 2008 Page 15 Minutes Southold Town Board Meeting 8:00 AM to 3:00 PM. All expenses for registration, travel to be a legal charge to the 2008 Building Department budget (meetings and seminars). ? Vote Record - Resolution RES-2008-503 ? 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 Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-504 CATEGORY: Employment - FIFD DEPARTMENT: Town Clerk FIFD Grote & Morgan Raises RESOLVEDraises the hourly wage of that the Town Board of the Town of Southold hereby the following two (2) Fishers Island Ferry District employees, who have taken and passed their USCG Captains license and are now Captains in training, accordingly, effective May 29, 2008: John Morgan $18.60 Bryan Grote $18.00 ? Vote Record - Resolution RES-2008-504 ? 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 2008-505 CATEGORY: Employment - FIFD DEPARTMENT: Town Clerk FIFD Hire Donald Casavant RESOLVEDappoints Donald Casavant that the Town Board of the Town of Southold hereby to the position of part time ticket/reservation agent for the Fishers Island Ferry District , May 20, 2008 Page 16 Minutes Southold Town Board Meeting effective May 21 2008, at a rate of $13.75 per hour. ? Vote Record - Resolution RES-2008-505 ? 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 2008-506 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Chief Carlisle E. Cochran, Jr., to Attend NYS Chiefs of Police Association, Inc., Board of Governors Meeting in Albany, NY RESOLVED grants permission to Chief that the Town Board of the Town of Southold hereby Carlisle E. Cochran, Jr., to attend the NYS Chiefs of Police Association, Inc., Board of Governors meeting in Albany, New York, commencing on Wednesday, June 4 through Friday June 6, 2008. Lodging costs to be paid by the Chiefs Association. Travel to be by Town vehicle. Additional costs for tolls and fuel to be a legal charge to the 2008 Police Training Budget Line - A.3120.4.600.200. ? Vote Record - Resolution RES-2008-506 ? 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 2008-507 CATEGORY: Authorize to Bid DEPARTMENT: Police Dept Advertise for Sale of Surplus Equipment - Police RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the following surplus equipment: May 20, 2008 Page 17 Minutes Southold Town Board Meeting 2003 Ford Crown Victoria - 2FAFP71W73X109522 - 109,522 miles Contact person is Lt. H. William Sawicki (631) 765-2600. Vehicle is in "as is" condition and may be viewed at Southold Town Police Headquarters, Peconic, NY. ? Vote Record - Resolution RES-2008-507 ? 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 2008-508 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Detective Sergeant John Sinning and Detective Edward Grathwohl to Attend Seminar Sponsored by Suffolk County Medical Examiner RESOLVED grants permission to that the Town Board of the Town of Southold hereby Detective Sergeant John Sinning and Detective Edward Grathwohl to attend a seminar on Sudden Unexplained Infant Death Syndrome Investigative Conference sponsored by the Suffolk County Medical Examiner in Hauppauge, NY, on Friday, June 27, 2008. There is no cost for this conference. Travel to be by Town vehicle. ? Vote Record - Resolution RES-2008-508 ? 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 2008-509 CATEGORY: Attend Seminar DEPARTMENT: Human Resource Center Phyllis Markopolous to Attend Training on 5/22/08 May 20, 2008 Page 18 Minutes Southold Town Board Meeting RESOLVED grants permission to that the Town Board of the Town of Southold hereby __Phyllis Markopolous, Caseworker_to attend a seminar on Improved Integration of Mental Health Services to Older Adults at the Hotel Pennsylvania in New York City , on May 22 2008. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2008 Programs for the Aging budget (meetings and seminars). ? Vote Record - Resolution RES-2008-509 ? 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 2008-510 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Town Attorney, Patricia A. Finnegan, to Attend a Seminar Entitled “Ethics and Professionalism” in Melville on June 12, 2008 RESOLVEDgrants permission to Town that the Town Board of the Town of Southold hereby Attorney, Patricia A. Finnegan, to attend a seminar entitled “Ethics and Professionalism” in Melville on June 12, 2008 . All expenses for registration and travel are to be a charge to the 2008 Town Attorney budget. ? Vote Record - Resolution RES-2008-510 ? 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 2008-511 CATEGORY: Audit DEPARTMENT: Town Clerk Accept the Audit Prepared by Albrecht, Viggiano, Zureck and Co., CPAs for the Southold Town Justice Court for the Year Ending December 31, 2006 May 20, 2008 Page 19 Minutes Southold Town Board Meeting RESOLVEDaccepts the audit prepared by that the Town Board of the Town of Southold Albrecht, Viggiano, Zureck and Co., CPAs for the Southold Town Justice Court for the year ending December 31, 2006 and as required by the New York State Office of Court Administration. ? Vote Record - Resolution RES-2008-511 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-512 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Sean M. Delehanty to the Renewable and Alternative Energy Committee RESOLVEDappoints Sean M. that the Town Board of the Town of Southold hereby Delehanty to the Renewable and Alternative Energy Committee , effective immediately through March 31, 2009. ? Vote Record - Resolution RES-2008-512 ? 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 2008-513 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: The budget line this would be taken from is a line for setting up new vehicles. To properly show the expenditure of those funds, these monies should be moved to the light bar line as we are purchasing lights for the new Sergeant vehicle. May 20, 2008 Page 20 Minutes Southold Town Board Meeting RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Town budget as follows: From: A.3120.2.500.775 In Car Video/Computer/Rad $5,500.00 To: A.3120.2.500.800 Light Bars $5,500.00 ? Vote Record - Resolution RES-2008-513 ? 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 Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-514 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Retirement James Finno RESOLVEDaccepts with regret the that the Town Board of the Town of Southold hereby retirement of James Finno from the position of Construction Equipment Operator in the Highway Department , effective May 31, 2008. ? Vote Record - Resolution RES-2008-514 ? 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 2008-515 CATEGORY: Seqra DEPARTMENT: Public Works SEQRA - Bittner Preserve May 20, 2008 Page 21 Minutes Southold Town Board Meeting RESOLVED accepts the proposal of that the Town Board of the Town of Southold hereby Nelson, Pope & Voorhis, LLC, for environmental consulting services, in the preparation of Part I and II of the Environmental Assessment Form, the SEQRA Part III and SEQRA coordination and follow up, for the Bittner Preserve Project , (removal of the house, bulkhead, pool and shed) in the amount of $ 6,100, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2008-515 ? 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 Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-517 CATEGORY: Refund DEPARTMENT: Zoning Board of Appeals Authorize a Refund of $400 Zoning Appeal Application Fee to New England Barns for an Application Filed on Behalf of Eve Seber and Carlo Voelker RESOLVED authorizes a refund of $400 that the Town Board of the Town of Southold hereby Zoning Appeal application fee to New England Barns for an application filed on behalf of Eve Seber and Carlo Voelker, SCTM #1000-70-6-18. as recommended by the Zoning Board of Appeals because the applicant decided to re-submit under a different application. ? Vote Record - Resolution RES-2008-517 ? 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 2008-518 CATEGORY: Budget Modification DEPARTMENT: Public Works Kenny’s Beach & Klipp Park, Parking Lots May 20, 2008 Page 22 Minutes Southold Town Board Meeting RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town Special Recreation budget as follows: To : Revenues: A.2025.00 Special Recreation Facility Park & Recreation $3,159.00 Appropriations: A.1620.2.500.350 Buildings & Grounds, Equip. Beach Improvements $3159.00 ? Vote Record - Resolution RES-2008-518 ? 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 2008-519 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District DEC E-Waste Meeting RESOLVED grants permission to Solid that the Town Board of the Town of Southold hereby Waste Coordinator Bunchuck to attend a one-half day seminar on June 11 in Yonkers, NY on new regulations with regard to the management of electronic waste (E- Waste). All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2008 budget (meetings and seminars). May 20, 2008 Page 23 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-519 ? 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 2008-520 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Modification Fiscal Impact: This budget mod moves $$ from the contracted repairs line item for the CBI brush grinder to the line for maintenance and repairs in order to cover the unanticipated but necessary replacement of a computer contol module, and to provide funds for additional routine maintenance in 2008. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 8160.4.400.665 (Contracted Repairs CBI Grinder) $ 4,000 To: SR 8160.4.100.596 (CBI Grinder Maint/Supply) $ 4,000 ? Vote Record - Resolution RES-2008-520 ? 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 2008-521 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Accept the Bid of Pinder Construction Company for Fishers Island Pump Station Up-Grade May 20, 2008 Page 24 Minutes Southold Town Board Meeting RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Pinder Construction Company for Fishers Island Pump Station Up-Grade in the amount of $88,680.00, as per the bids & specifications of Diversified Technologies Consultants and in accordance with the Town Attorney. ? Vote Record - Resolution RES-2008-521 ? 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 2008-522 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Authorize and Directs Supervisor Scott A. Russell to Execute an Agreement with Pinder Construction Company RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with Pinder Construction Company in connection with improvements to the Fishers Island Pump Station, in the amount of $88,680, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-522 ? 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 2008-523 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint LoriAnn Pfeifer to the Housing Advisory Commission RESOLVED appoints LoriAnn Pfeifer that the Town Board of the Town of Southold hereby May 20, 2008 Page 25 Minutes Southold Town Board Meeting to the Housing Advisory Commission , effective immediately through March 31, 2009. ? Vote Record - Resolution RES-2008-523 ? 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 2008-524 CATEGORY: Employment - Town DEPARTMENT: Police Dept Appoint the Following Individiuals as Seasonal Police Officers for the 2008 Season RESOLVEDappoints the following that the Town Board of the Town of Southold hereby individuals to the position of Seasonal Police Officers for the Southold Town Police Department 2008 season effective Friday, May 23, 2008 at a rate of $18.54 per hour: Rory Flatley Jason Luhrs Gregory Simmons ? Vote Record - Resolution RES-2008-524 ? 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 2008-525 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Amend NADE Agreement RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott Russell to execute an addendum agreement with The National Association of Drug-Free Employees, Inc. (NADE), to provide drug and alcohol collection services to May 20, 2008 Page 26 Minutes Southold Town Board Meeting the Town of Southold for the period from July 1, 2008 to June 30, 2009, with the option to extend the contract in one (1)-year increments , said agreement subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-525 ? 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 2008-526 CATEGORY: Authorize Payment DEPARTMENT: Town Clerk Authorize Payment Fiscal Impact: As a result of unanticipated steel and plate work, deemed necessary by an inspection of the US Coast Guard, the final invoice of Derektor Ship yard is $33,835.92. This invoice includes $31,551.92 of additional necessary work as well as $2,284 of the original shipyard bid price of $80,384. After a careful review of the invoices and a detailed discussion with Captain Easter, the final invoice was approved for payment. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby payment of the invoice received by the Fishers Island Ferry District from Derektor Shipyard in the amount of $33,835.92. ? Vote Record - Resolution RES-2008-526 ? 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 2008-527 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Execute the Grant Application for the Preparation of an Airport Layout Plan Update for the Elizabeth Field Airport, to be Forwarded to the FAA by June 1, 2008 May 20, 2008 Page 27 Minutes Southold Town Board Meeting RESOLVED authorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to execute the Grant Application for the preparation of an Airport Layout Plan Update for the Elizabeth Field Airport, to be forwarded to the FAA by June 1, 2008 , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-527 ? 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 2008-528 CATEGORY: Bond DEPARTMENT: Town Attorney Accepts the Proposal of the Pimlico Group Dated April 7, 2008, in Connection with Services Provided Regarding the Mailing for the Proposed Solid Waste District Bond. RESOLVEDaccepts the Proposal of that the Town Board of the Town of Southold hereby The Pimlico Group dated April 7, 2008, in connection with services provided regarding the mailing for the proposed Solid Waste District bond . ? Vote Record - Resolution RES-2008-528 ? 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 2008-529 CATEGORY: Grants DEPARTMENT: Land Preservation NYSAg&Mkt Farmland Protection Implementation Grant RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby May 20, 2008 Page 28 Minutes Southold Town Board Meeting Supervisor Scott A. Russell to execute New York State Department of Agriculture and Markets Contract C800655Agricultural and Farmland Protection in connection with Implementation Grant in the amount of $1,166,946 for the term December 20, 2007 through March 31, 2010, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-529 ? 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 2008-530 CATEGORY: Employment - Town DEPARTMENT: Police Dept Hire Seasonal Traffic Control Officer - Police RESOLVEDappoints Matthew Rolle to that the Town Board of the Town of Southold hereby the position of Seasonal Traffic Control Officer for the Southold Town Police Department effective Friday, May 30, 2008, at a rate of $14.67 per hour. ? Vote Record - Resolution RES-2008-530 ? 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 2008-531 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Individuals to the Anti Bias Task Force to Fill Existing Vacancies RESOLVEDappoints the following that the Town Board of the Town of Southold hereby individuals to the Anti Bias Task Force to fill existing vacancies: Elaine Breese, effective immediately through March 31, 2011 May 20, 2008 Page 29 Minutes Southold Town Board Meeting Jean Marie Merkel, effective immediately through March 31, 2011 Peter Bell, effective immediately through March 31 2010 ? Vote Record - Resolution RES-2008-531 ? 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 2008-532 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Dean Sambach to the Stormwater Runoff Committee RESOLVEDappoints Dean Sambach to that the Town Board of the Town of Southold hereby the Stormwater Runoff Committee effective immediately through March 31, 2009. ? Vote Record - Resolution RES-2008-532 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-533 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Dunewood Truglia to LWRP RESOLVEDappoints Dunewood that the Town Board of the Town of Southold hereby Truglia to the Local Waterfront Revitalization Program (LWRP) Coordinating Council, effective immediately. May 20, 2008 Page 30 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-533 ? 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 2008-534 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Rescind Town Board Resolution No. 2008-497 Granting a Salary of $2500.00 to the Chairperson of the Southold Town Transportation Commission, at the Request of that Chairperson. RESOLVEDrescinds Town Board the Town Board of the Town of Southold hereby resolution No. 2008-497 granting a salary of $2500.00 to the Chairperson of the Southold Town at the request of that Chairperson Transportation Commission, . ? Vote Record - Resolution RES-2008-534 ? 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 2008-535 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Set PH for Peconic Transfer Station NOTICE IS HEREBY GIVEN set Tuesday, that the Town Board of the Town of Southold has June 17, 2008, at 7:35 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York as the time and place to a public hearing on the application of Peconic Recycling and Transfer for a Transfer Station Permit , pursuant to Chapter 233, Solid Waste of the Code of the Town of Southold. May 20, 2008 Page 31 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-535 ? 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 2008-536 CATEGORY: Policies DEPARTMENT: Town Clerk Fireworks Permits Policy RESOLVEDadopts the following that the Town Board of the Town of Southold hereby POLICY regarding the issuance of fireworks permits: 1. The Town may grant a permit for the public display of fireworks by municipalities, fair associations, amusement parks or organizations of individuals. Penal Law Section 405.00(2). 2. An "organization of individuals" is a religious, civic, or comparable organization. Op. Atty. Gen No. 2007-3. 3. The fireworks display must be one intended for a public audience. The ability of the public to see an otherwise private display does not render it a "public display". Fireworks permits shall not issue for weddings or other private parties. See Op. Atty Gen. No. 2007-3. 4. Fireworks permits shall indicate that the display must be concluded by 10:00 p.m. if held Sunday-Thursday, 11:00 p.m. if held Friday or Saturday, and there shall be no time restriction if held on July 4. ? Vote Record - Resolution RES-2008-536 ? 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 2008-537 CATEGORY: Seqra DEPARTMENT: Town Clerk May 20, 2008 Page 32 Minutes Southold Town Board Meeting SEQRA Dock Moratorium RESOLVEDfinds that the adoption of the local that the Town Board of the Town of Southold hereby 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” 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-2008-537 ? 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 38. Statement COUNCILMAN WICKHAM: I have one question here. COUNCILMAN KRUPSKI: I am sorry, Tom. I am going to recuse myself on that, as I will on all the actions on the Charnews property. COUNCILMAN WICKHAM: The moratorium only applies to docks in the Bay, right? SUPERVISOR RUSSELL: The Bay and the Long Island Sound. COUNCILMAN KRUPSKI: Oh, okay, I am reading ahead. COUNCILMAN WICKHAM: Not the docks on the creeks. SUPERVISOR RUSSELL: No, it does not affect docks, the normal policy is already in force for the creeks. JUSTICE EVANS: Al, you are not recusing yourself from this one? COUNCILMAN KRUPSKI: No. No. I am recusing myself on the Charnews property. SUPERVISOR RUSSELL: Is this an abbreviated SEQRA resolution? ASSISTANT TOWN ATTORNEY CORCORAN: It is just the title. The title of the local law. May 20, 2008 Page 33 Minutes Southold Town Board Meeting 2008-538 CATEGORY: Seqra DEPARTMENT: Land Preservation Peconic Land Trust (Charnews) SEQRA WHEREAS, wishes to purchase a development the Town Board of the Town of Southold rights easement on a certain parcel of property owned by Peconic Land Trust, Incorporated, and being formerly known as the Charnews property , pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-63-1- 25. The address is 3005 Youngs Avenue, Southold, New York, in the R-80 zoning district, and located on the westerly side of Youngs Avenue approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19.4± acres (subject to survey) of the 23.4± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVEDno significant impact that the Town Board of the Town of Southold hereby finds on the environment and declares a negative declaration pursuant to SEQRA Rules and May 20, 2008 Page 34 Minutes Southold Town Board Meeting Regulations for this action. ? Vote Record - Resolution RES-2008-538 ? 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 40. Statement COUNCILMAN WICKHAM: We have a resolution on this public hearing but if we are going to vote on it tonight, I am going to vote against it. I have heard enough tonight to make me believe that the bar should be very high for the Town Board to adopt a moratorium. From what I have heard tonight, we just don't have that kind of importance. I support a restriction and I believe we can achieve those restrictions on docks. I believe we can do it relatively quickly, I don't think it requires a moratorium and one of the reasons why is because I don't think that science is really the key issue here. As Mr. Bergen pointed out, it is largely a question of what do we think the community is looking for and I think we can find that out relatively quickly and we can put in place the kinds of restrictions that I think we and the community is looking for. The second thing is, the Trustees have the authority to de facto put in place a moratorium. They can deny, for six months or longer if we need to, applications for docks in the Bay. I don't think we need to enact a moratorium at this time. I believe a moratorium will stimulate additional applications for when the moratorium is up. Moratoriums tend to do that every time. People get excited, they get nervous, they are afraid they are going to lose their rights and they just get stimulated to put in their applications even faster. There are questions about the area that is affected. Louisa Evans pointed out the modifications we made today in regard to Fishers Island, similar modifications we may find need to made for harbors here in this part of Long Island and finally, the suggestion was, has been made by the Supervisor several times that with a long time we can craft a more or less perfect law. We can put a lot of time and effort and work into it and we can get something that is really good, that will really stand even beyond the turnover of different Boards. I don't share that view of Town law. I think law is made by the current Boards and current, other Boards may wish to change it at some time. There is no such thing as a perfect law. I believe we could, we could enact a very good law in a relatively short period of time and if we didn't like it, a subsequent Board could fix it up and make it better than what we would try to craft as the so-called perfect law. For all these reasons, if this comes to a vote tonight, I will not support it. 2008-539 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 5, Dock Moratorium May 20, 2008 Page 35 Minutes Southold Town Board Meeting WHEREAS that 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” 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 will be given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed local A Local Law in Relation to a One Hundred and Eighty (180) day Moratorium law entitled, “ 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 ” which reads as follows: LOCAL LAW NO. _5_ 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 May 20, 2008 Page 36 Minutes Southold Town Board Meeting §275-17 Temporary Moratorium A. For a period of one hundred and eighty (180) days following the effective date of this Local 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(excluding Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove and East Harbor); 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(excluding Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove and East Harbor). 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, to the extent that these sections require the Board of Trustees to act upon, hold hearings on, and make decisions concerning applications. May 20, 2008 Page 37 Minutes Southold Town Board Meeting 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-2008-539 ? 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 Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 42. Statement COUNCILMAN RULAND: Before I cast my vote, I have sat here and listened to all the discussion and I, my mind went back to the discussion we had at the work session when we decided that we were going to go ahead and call this hearing and move forward and I wanted it clear what my position was. I told you that I didn't get a warm and fuzzy feeling about a moratorium but that I would support it because I felt it was time to take a deep breath and let's take a look at it. It had been indicated to us there were no applications pending, so I didn't feel in my mind it was going to affect a whole lot of people. Also, I think that I had stated that and if I didn't, I will state it now, that I am categorically opposed to a ban, I don't think that that is in the best interest of any party, both sides. I think that, I agree with the Supervisor that it something that is as carefully crafted as you can do today with the information that you have and Mr. Bergen's remarks might well be that after all the facts are in, chapter 275 as it is written may be May 20, 2008 Page 38 Minutes Southold Town Board Meeting sufficient and that policy needs or some type of policy statement needs to be adopted to go along with it, then so be it. If there are inadequacies that might enhance it or make it clearer so that as the Supervisor again said that someone wanting to go into the process would know beforehand exactly what the rules were and exactly how to go about it, then that would be a good thing. And all those things said, I vote aye. COUNCILMAN ORLANDO: Yes for a 180 day moratorium. I think that is more than enough time, sufficient time to accumulate science so that we can prepare our policy going forward. And once again, I do agree with Councilman Ruland with the ban word. It is not in our vocabulary, going forward myself speaking but I will vote yes for the 180 day ban moratorium, 180 day moratorium. SUPERVISOR RUSSELL: Good thing it is not in your vocabulary. COUNCILMAN KRUPSKI: I am happy that the Board is addressing this. This is something that has been discussed. The Trustees, I was a Trustee for 20 years and this is, docks on the Bay was a topic for 20 years. Their appropriateness, their size, the affect they have on the Bay, on navigation, on access to the public. This will give us an opportunity, it gives us an opportunity, it makes us take the opportunity to address these issues. One hundred eighty days is not a long time, it is an ambitious project for this amount of time. I am glad that my colleagues here on the Board feel that we should get it done in that time period and I believe we will and I vote aye. COUNCILMAN RULAND: You have to because I won't support an extension. COUNCILMAN KRUPSKI: I had that feeling. COUNCILMAN WICKHAM: For reasons that I described before, I think we have the capacity to craft good legislation without recourse to the moratorium. So I vote no. SUPERVISOR RUSSELL: I never suggested there was a perfect law. I did say a good law and good policy and transparent policy. I think that is what is lacking here and I think the Trustees tried to get this done some years ago when Albert was on that Board, they got a lot of work done and in discussions with him and former Trustees, they just given the time frame, could not get to the Bay and now it is time the Town Board pick up that bailiwick and get that finished as well. I am also amazed so many people would be talking about rights, we had before us two years ago a moratorium, I am sorry, a mooring code that was so restrictive, it more or less banned the general public from mooring just about anywhere in the Bay but a few small sections that we decided and nobody raised the issue of rights then. The public is entitled to the use of that Bay just as much. Now, the mooring, we do need a good mooring code because we need to manage that asset as well but rights are a little bit more universal when it comes to the general use of that Bay. Certainly we can protect the rights of waterfront property owners, at the same time, protect and balance the rights of the rest of the public to use it. I absolutely support it, the moratorium. 43. Statement COUNCILMAN KRUPSKI: I am going to recuse myself, as I have on all votes and discussion on this piece of property because my sister and brother-in-law live adjacent to this on both sides May 20, 2008 Page 39 Minutes Southold Town Board Meeting and really the land use of this parcel would have a tremendous impact, positive or negative, on their life and so, that is why I recused myself all the way through this and I will recuse myself now. 2008-540 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Peconic Land Trust (Charnews) Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of purchase of a development rights easement on a certain parcel of property owned by the Peconic Land Trust, Incorporated, and formerly known as the Charnews property , on the th 20 day of May, 2008, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-63-1-25. The address is 3005 Youngs Avenue, Southold, New York, in the R-80 zoning district, and located on the westerly side of Youngs Avenue, approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold; and WHEREAS, the proposed acquisition is for a development rights easement on part of the property consisting of approximately 19.4± acres (subject to survey) of the 23.4± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, t he purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and May 20, 2008 Page 40 Minutes Southold Town Board Meeting WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended to the Town Board that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVEDelects to purchase a that the Town Board of the Town of Southold hereby development rights easement on property owned by Peconic Land Trust, Incorporated, and being formerly known as the Charnews property, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-63-1-25. The address is 3005 Youngs Avenue, Southold, New York, in the R-80 zoning district, and located on the westerly side of Youngs Avenue approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19.4± acres (subject to survey) of the 23.4± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town’s Community Preservation Project Plan as property that should be May 20, 2008 Page 41 Minutes Southold Town Board Meeting preserved due to its agricultural value. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board hereby determines that this action is consistent with the LWRP. ? Vote Record - Resolution RES-2008-540 ? 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 VI. Public Hearings Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed at 5:21 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 1. Peconic Land Trust (Charnews) Public Hearing Set for May 20, 2008 at 4:40 PM COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town sets Tuesday, May 20, 2008, at 4:40 Code, the Town Board of the Town of Southold hereby p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Peconic Land Trust, Incorporated, and being formerly known as the Charnews property. The property is identified as part of SCTM #1000-63-1-25. The address is 3005 Youngs Avenue in the R-80 zoning district and located on the westerly side of Youngs Avenue approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19.4± acres (subject to survey) of the 23.4± acre parcel. May 20, 2008 Page 42 Minutes Southold Town Board Meeting The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 19.4± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a certification here that the Town Clerk has posted it on the Town Clerk’s bulletin board outside and that it has appeared as a legal notice in the Suffolk Times newspaper. Those are the only comments that I have in the file. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this proposed acquisition? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: I am Melissa Spiro, Land Preservation Coordinator for the Town of Southold. I apologize for the map, we seem to be missing our easel. Although the legal address for this farm is YOungs Avenue, I just want to point out that the farm also has frontage, quite a bit of it, on Horton’s Lane. The Peconic Land Trust after reviewing the potential for the Town to purchase the development rights easement on this farm with the Land Preservation Committee, purchased the farm from the Charnews family a few weeks ago with the intent to sell the development rights to the Town and that is what we are here tonight for. The Peconic Land Trust will be speaking in a few minutes about what they intend to do with the farm. The farm has excellent agricultural soils, it is fallow right now but it was a farm for a very long time. The Land Preservation Committee reviewed the farm in conjunction with the existing preserved land in the area and they decided to recommend that the Town Board purchase the development rights on the farm with some additional scenic restrictions with regard to the placement of any future agricultural structures. There will be a designated agricultural structure reserved area, not reserved area but area designated on the farm to preserve the scenic component of the farm. Both the committee, the Land Preservation Committee and I support the preservation of this farm in order to preserve viable farmland, to preserve the scenic view shed and the community character of the Southold hamlet. Thank you. SUPERVISOR RUSSELL: Thank you. STEPHEN SEARL: Hi. Stephen Searl, project manager with Peconic Land Trust. Just a couple of words about this, a few brief words. This is going to be, this farm is going to be incorporated into our farmland access program and I wanted to sort of tell the Board a little bit more about that. Again, we have turned a corner, the Land Trust has and while we are still working on preserving land, we are also working on keeping it in production. We are working with farmers May 20, 2008 Page 43 Minutes Southold Town Board Meeting and non farmers to try to keep farmland in production. We are battling, I think an increase in restricted land values which many of you are aware of. We are trying to enhance both the diversity of farms and farmers. We are preventing estate farms and trying to retain working landscapes. And we are trying to provide an opportunity in the long term trends for new farmers. We are concerned about who is going to be farming in these next few generations, so we would like to try to help start up any new farmers begin farming. We have done this in Cutchogue, we have bought a farm, we also bought two parcels, which is a farm in Mattituck. And we are working in the Towns of Riverhead, Brookhaven and on the south fork in a number of different projects to advance this program. And the program really is to keep farmland affordable and accessible to both start up and establish farmers. This opportunity in particular came up and we thought that it was a good one in part because it was a whole farm, it was a good location, it has access to two roads in terms of market, farm market. It is surrounded, there is actually quite a bit of Peconic Land Trust preserved lands nearby, just across the streets and on Horton’s and across the street on 48. And there might, in the short term, we will probably be leasing it to a farmer. In the longer term, we hope ideally to hold onto the farm and if we can, if we can raise the money, if we can do the fund raising to do that and possibly, obviously keep it in production but also perhaps to have an educational component, where we can link the community to the farming, link the Town of Southold to the farming community and so strength that bond. Thank you. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to come up and address the Town Board on this acquisition? (No response) Hearing none. JUSTICE EVANS: I move we close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 2. LL Dock Moratorium COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of April “A Local Law in Relation to a One Hundred and Eighty (180) day 2008 a Local Law entitled 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” 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, 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. 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 May 20, 2008 Page 44 Minutes Southold Town Board Meeting (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 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 May 20, 2008 Page 45 Minutes Southold Town Board Meeting 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, 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 May 20, 2008 Page 46 Minutes Southold Town Board Meeting 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. It has appeared, this notice for public hearing, in its entirety, has appeared on the Town Clerk’s bulletin board outside the door and it has also appeared as a legal in the Suffolk Times newspaper. I have two letters that I will try to read briefly. One is from the Fishers Island Ferry Commission members. JUSTICE EVANS: No. COUNCILMAN WICKHAM: No? Fishers Island Harbor Committee. JUSTICE EVANS: It is four signature. Four different groups signed on. COUNCILMAN WICKHAM: Wow. It is the same letter from four different people representing four different Fishers Island organizations. How is that? JUSTICE EVANS: That is good. COUNCILMAN WICKHAM: “We are surprised and somewhat alarmed to find out that this proposal was expanded to address piers and dock facilities in the waters of Fishers Island and Block Island Sound. It is our understanding that this resolution does not affect and would not apply to dock facilities in the coves and harbors that serve Fishers Island Sound and Block Island Sound. These coves and harbors would include but are not limited to such bodies of water as Silver Eel Cove, Hay Harbor, West Harbor between Hawks Nest Point and Clays Point, th Chocomount Cove and East Harbor between Hungry Point and the point where the 14 tee on the Fishers Island Golf Course is located. We respectfully request that the Fishers Island waters be withdrawn from this resolution. It is our understanding that the Fishers Island Sound and Block Island Sound were not originally included in this resolution but were added as an afterthought, not that Fishers Island was experiencing the same types of issues as Peconic Bay but to be all inclusive for all waters under the Town’s jurisdiction. If it is determined that this moratorium must be all inclusive, we respectfully request that the harbors and coves as described above be specifically excluded from this resolution. Please contact the response coordinators and the four people are Elbert Burr of the Fishers Island Harbor Committee, Reynolds DuPont Jr of the Fishers Island Ferry Commission, BG Tremaine III of the Fishers Island Yacht Club and Kathryn Parsons, President of Fishers Island FIDCO, Fishers Island Development Corporation.” I also have a letter here which I think I should try to read because well, I have a letter here from the Suffolk County Planning Commission. “Pursuant to section A 1414 of the Suffolk County May 20, 2008 Page 47 Minutes Southold Town Board Meeting Administrative code, the referenced application is not within the jurisdiction of the Suffolk County Planning Commission.” I have a rather lengthy letter from a former president of the Southold Town Board of Trustees, John Bredemeyer and I think I ought to read it because it has some significant comments in it. “I offer these comments for the consideration of the Southold Town officials and request that they be included in the public record for the public hearing. My name is John Bredemeyer, I reside in Orient. I am a 33 year employee of the Suffolk County Department of Health Services where I work in the Bureau of Marine Resources in the Office of Ecology. I have been involved in marine environmental and public health investigations and enforcement for 25 of those years and am the most senior employee of Suffolk County personally conducting water quality investigations throughout the Peconic Estuary, Suffolk County its coastal waters, Long Island Sound, the near coastal Atlantic Ocean and occasionally Nassau County. I was a member of the Southold Town Board of Trustees for 10 years, nearly five of which I served as president. I do not own a dock or have an interest in one. While I cannot speak for Suffolk County or Southold, the people of Suffolk county and Southold Town have invested much in my training and experience. As one who regularly uses docks or may see hundreds during the course of any given day, I feel compelled to share with you my thoughts in relation to docks to better facilitate your needs to properly regulate the coastlines of the Town in an effective manner. As such, I respectfully request you please consider that: 1. The notice of public hearing may be deficient in that certain areas are not adequately described. For example, I would maintain that Orient Harbor is in fact an arm of the sea branching from Gardiner’s Bay, which is not names in the notice and therefore exempt. West Harbor on Fishers Island is similarly absent from the notice. 2. If it is truly your intent to moratorium and ban docks on an island such as Fishers Island, you may wish to hold a separate public hearing on said island to afford the residents a more direct say in the matter. 3. A moratorium and ban may affect other political subdivisions who own waterfront property in the Town such as federal, state and county governments, as the proposal may affect activities at municipal boundaries, the bi-county Planning Commission may have interests in the proposal as well. 4. A moratorium involving such a large area might possibly be accompanied by a SEQRA determination. 5. Public officials of jurisdiction have been extensively quoted in the local news media in favor of the dock ban on the bays. There is a shortage of available docking and mooring sites in Southold Town (the Town regularly limits boat size at Town boat ramps, too) which would only be exacerbated by the ban and the ban would essentially limit the construction of any new docks to the Town waters, creeks, and underwater lands owned by the Trustees. Consequently, the moratorium and ban may create a conflict of interest for the Trustees and public officials who as owners of docks or lands on creeks, might see their property values soar if a moratorium or ban is enacted. All involved public officials who own docks or waterfront property on waterways not affected by the ban should disclose their holdings and interests to avoid the appearance of any conflicts of interest they might have and seek the counsel of the Town Ethics Board as necessary prior to any official action in these matters. 6. Public officials of jurisdiction have been extensively quoted in the local news media stating that permission to construct docks is a privilege and not a right. One of the first court cases I was handed as a freshman Southold Town Trustee many years ago was the finding of the US Supreme Court upholding the riparian property right to wharf-out. If you google the riparian right to ‘wharf out’ you will find a 2007 decision by the US Supreme Court that affirms it is a property right, not a privilege. The right to wharf-out is a regulated riparian property right. 7. There is ample precedent in Southold Town and Suffolk County for May 20, 2008 Page 48 Minutes Southold Town Board Meeting acquiring property rights in a proper manner (purchasing them) as seen in our farmlands preservation programs and the functioning of the many land trusts that regularly acquire rights in land. The rights in these properties were not acquired by any moratorium or ban that I am aware of. 8. There seems to be little activity in dock construction that would warrant the exercise of police powers of a moratorium and the condemnation of property rights at this time. 9. To my knowledge, there has been nothing to suggest that the Trustees have acted recklessly or beyond the scope of their duties/authorities in any dock related matters. 10. The benefits of sovereign ownership of underwater lands by the Trustees, which may include lands between high and low water on the Bay and Sound in some instances, may be lost or diminished without careful consideration of how a ban or moratorium is enacted. The NYS Constitution recognizes the Trustee’s authority and ownership of lands underwater. The Trustees may be needed when or if our own version of Broadwater were to come to Town lands. 11. Although docks are highly regulated structures requiring multiple agency permits, from my experience and what I see in western Suffolk County, moorings within the jurisdiction of the Town pose a much greater threat to the environment and aesthetics and remain totally unregulated. Anyone within the state may place a mooring in the areas mentioned in the public hearing without a permit. Hundreds could show up at any time. 12. The purported environmental issue of docks shading the marine environment is very weak. A pastoral environment that the first settlers would have likely encountered contained much more sun shading from large trees and huge mats of detritus and dead sea grasses than docks would ever cause. Marine invertebrates such as squids and small fish regularly seek out the shade and protection of docks to avoid the sun and predators. New dock construction materials are non-toxic and permit large amounts of sunlight to penetrate to the waters below. 13. In many locales, docks serve as sites to hang mariculture nets and cages. Areas under docks can provide permanent easements for working baymen and aquaculturists, thus promoting traditional occupations as well as new industries. In one experiment I oversaw in Southold, some black (edible) mussels unexpectedly spawned at a dock where I had hung them, resulting in the production of over 5 bushels of harvestable mussels which went right to market. Spawning shellfish at docks could help re-populate shellfish on public lands underwater. 14. Dock building is an important local industry providing local employment. 15. The Trustees should be generously funded to conduct a comprehensive study of mooring and docking needs prior to any governmental action being taken in a manner to enhance the Town’s overall security. 16. All arguments that would justify a dock ban on the bay might lead to an attempt to force a similar ban on Trustee lands. (Meaning creeks) 17. Docks can provide safe harbor to mariners in the face of the devastating forces of wind and wave. In many of our low-lying precincts, docks serve as potential points of exit during and after natural disasters as well as points of entry for rescue personnel. While I think the goal of diminishing the number of docks on those great expanses of coastline with no history of docks is laudable and do-able, a moratorium or a ban at this time, where no real problem exists, will only invite construction of more docks, in courtrooms, as attorneys line up to argue the issue to no productive end and at great cost to the town, both monetarily and jurisdictionally. As historically important marine structures that promote our freedoms, rights and liberties, I hope you would consider the positive possibilities of docks as they continue to be a stepping off place for ourselves into the wider world and a hopeful future. Like church steeples and cell towers that project mightily from the land and benefit us greatly, docks should have their set limits but need not be subject to a moratorium to achieve those limits.” Those are the only notes and letters in the file, fortunately. May 20, 2008 Page 49 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the issue? DAVE BERGEN: Good evening, my name is Dave Bergen, I am from Cutchogue. I am also a Trustee but I want to make it clear I am not speaking on behalf of the Trustees, other Trustees can speak if they want to about this issue. Several weeks ago when this moratorium was proposed, I was inclined to support it as at the time and in the moratoriums present language today, it indicates there are environmental reasons to support such an action and the Town Board wanted time to study the science which would support possibly banning docks in the bay. Since that time, the Conservation Advisory Committee with the generous financial support of this Town Board, held a workshop where two experts holding credential environmental science, with particular expertise in the area of the impacts of docks, discussed this topic in exceptional detail. They discussed the science of the impact of docks, which I believe is critical to the discussion. The discussion brought clarity to the issue and proved that our present town code, chapter 275, does address the science issues. Much time was spent on the issue of potential impacts of CCA and they concluded this should not be a reason to ban docks in areas with high tidal action, as then New York State DEC concluded in their scientific study that was done several years ago, these experts agreed with their conclusions that CCA dissolves almost immediately in areas of high tidal flow. CCA is more of an issue with areas of low tidal action, such as what is found inside of our creeks. The dock test currently found in chapter 275 adequately addresses the CCA issue, as we do not allow treated lumber to be used as decking for these docks and catwalks. The experts also stated that docks should not be allowed to cover eel beds, suggesting the use of graded material on catwalks. Again, our current dock test, under chapter 275 as written combined with our practice of requiring the use of non-treated lumber on catwalks and our strong encouragement of the use of the graded material addresses this issue. They then addressed the importance of public access and recommended the inclusion of either steps over a dock or elevating a dock to a height where the public could walk under the dock, our current dock test under chapter 275 requires the use of steps for public access. The experts also stated that the structure of a dock does not impede the natural flow of sand caused by the literal drift. The experts started the seminar saying this is an issue of the balance of owners rights at vistas or views in the bays. Our bays are state owned waters, in other words, owned for the benefit of everyone. Private waterfront property owners have riparian right that simply means they should have a right to access navigable water and that they own to the high tide mark. Navigable water can be accessed via a dinghy, mooring, a dock or simply swimming. In the end, they presented much information on the aesthetics of docks and the potential numbers of docks, recommending that local authority give serious consideration to these issues. They provided lots of pictures of shorelines in Florida and the Carolinas, where thousands of docks have been applied for and approved, many containing structures extending hundreds of feet into wetlands area with small sheds mounted on the end of docks. I think that everybody in the room at this seminar agreed that we did not want to see this happen in Southold Town. The experts stated over and over again that the science issues were minimal compared to the political issues. In other words, the local community should dictate through their elected officials just how coastal communities such as ours handles these very important issues. While a constant referral to the Carolina’s and Florida could be seen as overkill, it was in my opinion, important for us to see the impact that May 20, 2008 Page 50 Minutes Southold Town Board Meeting could happen if there was no regulation of docks at all. In my opinion, the current town code, chapter 275, addresses all these potential issues with the current dock test. In two and a half years, the Trustees have approved just two docks in the Bays. This proposed moratorium is a legislative reaction to the approval of one dock. A dock which was discussed at three public hearings, was subject to three site visits-two by land and one by water, it is on a property located immediately adjacent to two other docks with proposed dock will not extend further into the Bay than the two neighboring docks. It will be using graded material on the catwalk and has an east to west orientation, which will allow maximum sunlight to penetrate under the dock area. It does include a stair for public access and it doesn’t in any way, shape or form impede navigation. Yes, it does extend into state waters and yes, it is a structure from the perspective of aesthetics. So I agree with the experts that this a purely political, not environmental decision to answer the question what do the citizens of Southold Town want to see their shorelines look like in the future. Thank you. SUPERVISOR RUSSELL: Dave, let me just clarify something. This actually wasn’t a reaction to one dock, I think we had this discussion, you were at the discussion nearly two years ago when the Town Board discussed the issue with the Trustees as a result of an LWRP discussion. I had met with you and actually Jill at the time, who said, well, we do need a policy, give us time to work on one. No such policy has been forthcoming. This is a moratorium. It is not a ban. It is a moratorium to develop a policy. Are you opposed to a ban or are you opposed to a moratorium or both? The moratorium just to develop policy? MR. BERGEN: No, what I am saying is, this is a moratorium as I understand it, is being put into place to give time I think what was quoted and what was stated in the moratorium to look at the science to figure out if the science is in fact a reason to ban docks in the bay and what I am saying is, according to these experts that put on this seminar, the science is not an issue, it is the aesthetics of the docks and again, what the local community would like to see their shorelines look like in the future, whether they want a shoreline completely void of docks or something where there is a dock allowed in front of every individual’s home or something in between? SUPERVISOR RUSSELL: Right. That is why we are having a moratorium. I think if we were interesting in an outright ban, we would be voting on a ban tonight. MR. BERGEN: Right. SUPERVISOR RUSSELL: What we are trying to do is develop sound policy to manage a public asset, which is… MR. BERGEN: And what I am saying is, I think that policy is already in place in Chapter 275 and the Trustees can regulate that policy appropriately. SUPERVISOR RUSSELL: Okay. I as a Board member disagree, I know in talking to Albert who had been a Trustee for a long, long time, I think he would disagree. I don’t think, I don’t want to speak for you Albert but I think that the 275 effort was focused on the docks in the creeks, I don’t think there was a lot of policy for docks in the Bay. Maybe, what is 275 is May 20, 2008 Page 51 Minutes Southold Town Board Meeting sufficient, maybe it is not. I think the moratorium is simply a time out to evaluate that. Under current code I am unaware of any length limit, for instance, for a dock in the Bay. Can you 400, 500, 600 feet? The current code has limits for docks in the creeks. You are limited by the physical mass of where you are putting it, one third of, there is no, if you are going to take that 1/3 rule, can you have a 3,300 square foot dock? I mean, those are the types of things we need to look at and I think in the interest of clarity and good government, you should clarify what is appropriate and what is inappropriate. I, you know, think that the six month moratorium would provide that opportunity. MR. BERGEN: And I agree with what you are saying, I think there is opportunity to amend chapter 275 to address this without totally banning, considering the banning of total ban of docks in the Bay. And that is where I feel there is a desire to do here. SUPERVISOR RUSSELL: That is a fair point. I don’t think there is again, if there was total ban, we would be voting on that tonight. MR. BERGEN: Okay. SUPERVISOR RUSSELL: But I do think, first the ban issue got a little bit overplayed. It was clear from the beginning that wouldn’t ban, obviously, water dependent industries like fisherman, like marinas, like fishing stations, those types of things, and I had talked to Jill some two years ago, she had actually suggested to me that maybe a policy that would limit the lengths of the docks, so that people had access to the dinghy and then the dinghy to the mooring. That sounds like a reasonable policy. I know Lloyd Harbor adopted it, I know Southampton I believe adopted it. Those are reasonable policies. But we need time to affect those policies and two years, we haven’t seen anything come forward. The dock in the, in Cutchogue was just the last thing, but this is an old discussion, this isn’t a reaction to a recent application. This has been an ongoing discussion for two years. MR. BERGEN: And as I recall two years ago, the discussion, the meeting that I attended was actually the LWRP council and it was a suggestion to consider the zoning of the bay fronts for docks. Where there could be areas where docks could be allowed, there could be areas maybe where docks are not appropriate and maybe should not be allowed and I know with that, the Trustees last summer went out and viewed the shoreline from Laurel to Orient by boat, video taped it. We did that for two purposes, one to look at possible mooring locations and where we felt moorings were appropriate or not appropriate and also during the discussion out there we also looked at areas where docks could possibly be allowed or maybe should not be allowed, so that we could use that information for ourselves when we are considering dock applications as they come in. UNIDENTIFIED: Does that seem to you like an appropriate approach to the problem? The zoning approach? MR. BERGEN: I think there is potential for that. I do think there is, two years ago, I was not in favor of it but I think today I do feel, times change, people change. May 20, 2008 Page 52 Minutes Southold Town Board Meeting COUNCILMAN KRUPSKI: That is a different issue though, the zoning and that is something we will address later, with help from the Department of State. SUPERVISOR RUSSELL: If you have developed that policy, I haven’t seen it. I am certainly am unaware of it in talking to other Trustees… MR. BERGEN: No, no there was no policy. SUPERVISOR RUSSELL: Oh but you, that would be what we need. That would be the six month time out, would allow us the time to sort of commit those things to paper. What would be the policy on governing docks in the Bay. I think it is important, I think it is good government to put it all on paper so that everyone knows what we are talking about, everybody knows what the allowances are, what the limits are. That is, you know the informal approach, you know, we went out and we surveyed so that we have good guidance, needs to be part of the public discussion. MR. BERGEN: Okay. Thank you. SUPERVISOR RUSSELL: Peggy? PEGGY DICKERSON: Peggy Dickerson, I am a Cutchogue resident and Southold Town Trustee. I would like to agree with Supervisor Russell, I think it is very important today or this evening that we stay focused on the purpose of this hearing. That it is a hearing for a moratorium. Unfortunately, the word moratorium and banning seem to happen at the same time and certainly, we are here just for the public hearing of the moratorium. I just wanted to comment on some of Dave’s comments. We, all of the Trustees were at the workshop on May th 10 and it is always interesting to see how different people come away with different perspectives on workshops. Completely right, Dave, about the science behind docks and we do have a very good wetland code which we worked on. However, I do feel that the visual impact issue was not a separate issue and I do feel that visual impact was given as much weight as the scientific knowledge and all of the visuals that they brought with us, all the ideas they brought to us on that day was extremely important and again, I feel it was dealt with equally. I had voted no on the recent dock in question, it was on a pristine shoreline, it was, gave the opportunity of the Trustees to say no to a pristine shoreline and that did not happen. I had hoped for a moratorium two years ago, and I would like to thank Supervisor Russell and the Board for putting it at the top of their priority list. We need this moratorium, it will give the Town time to evaluate whether not regulating docks on the Bay is beneficial to Southold Town. I would like to be considered and the Town to be considered proactive. I am going to refer to the group of students and their teacher, Mary Ellen Gamberg, that was here earlier. Some of you saw, she has a way of calming her students down and getting them ready to learn and she has three key words she uses. She asks them to stop, look and listen and I think that is what this moratorium will do. Will help us to stop, look and listen. SUPERVISOR RUSSELL: Those are the children I tried to exploit as a human shield tonight, May 20, 2008 Page 53 Minutes Southold Town Board Meeting right? MS. DICKERSON: Next years topic. SUPERVISOR RUSSELL: Jill? JILL DOHERTY: Jill Doherty, Mattituck resident and Southold Town Trustee. First I would like, Jim King wanted to be here tonight but is still working. I guess the weather has slowed him down today. He wanted me to relay to you that he is in favor of the moratorium and he feels that it is time we take a hard look at our shoreline and what we want it to be in the future. I agree with him to take a hard look our shoreline and what we want it to be but I don’t know if it is necessary to have a moratorium to do that but whatever the Town Board decides to do, I will support and I look forward to working towards a solution and a good policy. We do have that tape as Dave mentioned, if any of the Board wants to take a look at it. It is in our office. SUPERVISOR RUSSELL: Thank you, Jill. Mr. Hardy? DOUG HARDY: I am Doug Hardy, Southold. I don’t own a dock. I do have a mooring permit. I would like to support the moratorium, as it would allow the Town to have breathing room to make a management decision. I would like to just focus on two points. One, is it is true that the effect of a single dock would have a minimal environmental impact on a high energy shoreline, such as the open bay but if you have cumulative docks, then there would be measurable environmental impacts. And so there should be a control but then you have the choice of if you allow one dock, how can you refuse then other docks? The other aspect I would like to touch upon is the lateral access along the shore. Docks do present an obstacle, particularly in Southold. We have an elderly population and they don’t have the agility of a special forces member. So that the chapter 275 imposes a condition on a dock owner that they must provide lateral access. That could be a bulkhead along the, above mean high water, five foot wide; a ramp up and over the dock or stairways up and over the dock. But if you take a look at the past history, it looks like Southold lacks the enforcement resources to enforce this provision in chapter 275. for instance, in Jockey Creek, I counted 75 docks. Private docks. Of those, two had stairways up and over. One dock allowed passage around the dock, an easy passage. Two others had one stairway which would allow you to get up on the dock but then if you were an elderly citizen without a parachute, you couldn’t get back down onto the shoreline. This is a compliance of less than 10% and this has been going on now for decades and there is just no enforcement policy. And so, the Town should consider do you have the resources to enforce lateral access along the shore? Thank you. SUPERVISOR RUSSELL: Thank you, Mr. Hardy. Would anybody else like to address the Town Board on this issue? ALLISON MAHAFFY: Hi, my name is Allison Mahaffy for 43 years and I don’t see anything wrong with getting your feet wet. You take off your shoes, you climb into your canoe and you can get on your sailboat that way or your motorboat that way. Some of my neighbors have docks and they don’t use them. Not that I watch them all the time but I am on the beach quite a bit and May 20, 2008 Page 54 Minutes Southold Town Board Meeting so are my kids and they are out running around on other people’s docks and occasionally we get told to leave and you know, I would love access to fish off of them or to use them, if there was more public access to these huge 100 foot docks, then I would be more for it but it is just like one old man owns that dock and him and his wife only come to Southold one month out of the whole year and they use that dock maybe one or two weekends and nobody else in the neighborhood is allowed to step on it and god only knows how many alarms are gonna put on it next or whatever, cameras, and I would love to go and do cannonballs off the end of it and so would my kids and so would the rest of all of Southold’s kids probably if they were allowed to and there are a lot of other reasons why, I heard a rumor that there was a big boat company coming to Bayview to buy, that they bought property and they wanted to make, I heard it was hustler boats, that they wanted to, these giant cigarette boats and I am like in the middle of Bayview and I can hear these giant cigarette boats way out by Cedar beach. They are noisy. And also, I don’t think that we need that. I definitely don’t think that we need that. I take my canoe out with a long rope and when it gets windy in the afternoons, I generally always, because I go pretty far, I pull my canoe back by a rope and I walk along the shoreline in an old pair of sneakers and every time I have to go around a bulkhead or somebody else’s dock, I am fighting the wind to get around them. I am not just going to leave my canoe on somebody else’s property, I am going to get my canoe home and my kids home. And it is a drag to canoe around a huge dock. You know, I am for trees, I don’t want to see too many trees get killed to get docks that are only walked upon once a year. I have seen in storms people’s docks destroyed and for months, these big pieces of wood, you know, you have to climb over it every time you walk along the shoreline. The storms do a lot of damage to the docks and they are not often repaired right away. And that is a hazard. You have got these big chunks of wood floating around and fishermen don’t want to bump into those pieces of wood and boaters don’t want to bump into those pieces of wood floating around. So I am all for a moratorium, I think if people were building these big 100 foot docks out onto their property, they should do it as a community and everybody join forces and say, yeah, we can all of this neighborhood say or this association is allowed access to it and not just one rich guy. Okay? Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this? Mr. Fitzgerald? JIM FITZGERALD: Hi, I am Jim Fitzgerald from Cutchogue. I am what some people refer to as an expeditor. A consultant. I have been doing it for 22 years and I have had two clients in those 22 years that were interested in structures on the Bay. One was for a dock near Angel Shores, which was denied by the Trustees and the DEC; the other was for the famous heron. It occurs to me, let me ask you this; how many Bay front properties are there in Southold? SUPERVISOR RUSSELL: That would be residential properties or are you throwing in the farmland and everything else? MR. FITZGERALD: How many Bay front properties are there in Southold that you are concerned that there might be a dock built upon? SUPERVISOR RUSSELL: Again, the issue of concern. It is the issue of an absence of current May 20, 2008 Page 55 Minutes Southold Town Board Meeting policy. MR. FITZGERALD: Okay. SUPERVISOR RUSSELL: You know, if you are going to build them, what can you build? One thousand feet out because the water is shallow? Where do you stop? What, I mean, one thing that I think was unfair that people were saying, well, there is hardly anybody interested in building them, well then this is a good time for a moratorium. Because if there were 50 applications then we would be accused of being reactionary. I would, my gumption to suggest right now about 1,800 improved residential parcels. All the other farmland and vacant land yet to be subdivided, I can’t even hazard a guess right now. MR. FITZGERALD: Okay. How many docks would you think there are on the Bay in Southold Town? COUNCILMAN WICKHAM: Now? Currently? MR. FITZGERALD: Yes. COUNCILMAN WICKHAM: A handful. MR. FITZGERALD: How many? COUNCILMAN WICKHAM: A handful. Would you say? SUPERVISOR RUSSELL: You have to exclude such areas as Orient, where it makes perfect sense. MR. FITZGERALD: There were 32 docks on the Bay in Southold Town. Or, I am sorry, there were four or five years ago when the project of mine that was denied was denied. And I know because I counted them. SUPERVISOR RUSSELL: How did you get that inventory? You went out and looked at t hem or you counted off the cards? MR. FITZGERALD: I looked at the Town’s aerial photographs which at that time were pretty current and counted them. Anyhow, the point is this, regardless of whether it is 32 or 50 or 60, the fact of the matter is, based upon the information that Dave mentioned, there have been a very, very limited number of applications for docks on the Bay in recent years and I just wonder why all of a sudden we are very concerned about it? You know that the Trustees would not approve 1,000 foot dock on the Bay. SUPERVISOR RUSSELL: How do I know that? MR. FITZGERALD: Huh? May 20, 2008 Page 56 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: How do I know that? How do I know that? How would a future Board, you can’t make, it is bad law to make decisions based on the current occupants of any given position. The law needs to be better than any group that occupies it. Because the law needs to be consistent through time. Elections and Trustees come and go. Supervisors come and go. The law needs to be the clarity in what we can and can’t do as we move forward. The quantity issue is specious. If there was 50 pending applications right now, you would be calling this reactionary. It is not an all of a sudden thing, we have been talking about this for two years. That is a long time. Now is a good time to develop policy and by the way, growing up there was one dock in Cutchogue Harbor, now there is seven. What do I wait for? When there is 700? And then address it? MR. FITZGERALD: Yeah but you know that there are not going to be 700. You sound like… SUPERVISOR RUSSELL: Huh? MR. FITZGERALD: You sound like the DEC. to say that we give you a dock, the first thing that is going to happen is you are telling me that you are going to put a 20 foot boat on the dock and that is baloney because as soon as we approve it, you are going to run out and buy a 42 foot boat. I know you are going to do that. This is not me talking, this is… SUPERVISOR RUSSELL: Albert? COUNCILMAN KRUPSKI: Actually, this has been, I am sorry to interrupt you. Why don’t you finish and then I will… do you mind? MR. FITZGERALD: Yeah, go ahead. COUNCILMAN KRUPSKI: And I know you very well and you know me and we have dealt with each other for years. You mentioned Chuck Hamilton and Scott mentioned the length of the dock discussion, actually it is more of a 10 year old or 15 year old dock discussion for me, being a past member of the Board of Trustees, when we rewrote the wetland code in 2004 Chuck Hamilton gave us a picture, a big aerial photograph of an area from up the island and it was a peninsula with a creek on either side and it was completely built out. Not only with homes but it was completely built out with docks and he said, if you don’t do something, Southold Town will look like this. And we did, we took his advice, when we rewrote the wetland code which was then chapter 97, we did ban docks in Downs Creek, which was completely undeveloped, Hallocks Bay which is very large and completely undeveloped and parts of undeveloped Hashamomaque Pond and we did so because it is called ‘creep’. When you put one dock in, all of a sudden the area has been fragmented by that one dock and then well, you put another one in and what is the difference? Well, you have two there, it doesn’t matter if you put a couple more in. And you mentioned 32 docks on the Bay and there is only 32 docks. I wonder, because of the current conditions, the weather conditions, the normal weather conditions of the Bay, how many of those docks are actually used? May 20, 2008 Page 57 Minutes Southold Town Board Meeting MR. FITZGERALD: I have no idea. COUNCILMAN KRUPSKI: And that is the whole point of a dock, is to be used. MR. FITZGERALD: Al, the point is with only 32 docks out of 1,800 properties, why all of a sudden are we concerned that people are going to rush out and start building docks? COUNCILMAN KRUPSKI: Because like what Scott said, once a horse is out of the barn…. SUPERVISOR RUSSELL: We are not ‘all of a sudden’ there is discussion, Albert talked to me about this two years ago, and I have only been the Supervisor for two plus years. MR. FITZGERALD: I understand. SUPERVISOR RUSSELL: It was on his agenda, the fact is, also are your talking about the merits of the moratorium or a ban? A moratorium is to develop the policy. MR. FITZGERALD: I am talking about a ban. SUPERVISOR RUSSELL: Well, we are talking about a six month, we just said that a ban wouldn’t work, that is why we are not addressing a ban tonight. But a moratorium to develop good policy, so maybe in the future you would understand why your client in Southold got turned down and another client might get approved. So you know what the policy is before, in other words, it is written, you understand what is behind the decision making. MR. FITZGERALD: And I am all for having a rule book and everybody gets the same rule book. All for it. COUNCILMAN KRUPSKI: Mmmhmm. MR. FITZGERALD: My concern is that when this showed up in the newspaper, currently, it had to do with the fact that the president of the Trustees and the Town Supervisor both used the word ‘ban’. Okay? So I don’t have… SUPERVISOR RUSSELL: That is fair. That is fair. MR. FITZGERALD: I don’t have property on the Bay, I don’t care. I am just concerned by the concept. Let me just say one other thing, I will sit down and let other people; do you think this is going to have an effect on property values? On assessed…. SUPERVISOR RUSSELL: A moratorium will have no bearing on property values. MR. FITZGERALD: Do you think that a ban of docks on the Bay would have an effect on assessed values? May 20, 2008 Page 58 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: I think that is overstated, first of all, I don’t think we will go to the direction of a ban and I have mentioned that 15 times tonight. if we were talking about a ban, that is what we would be voting on. I wasn’t the only one that used the word ban that day, I might have been quoted but everybody used the word ban. We dismissed that as an impractical and somewhat simplistic solution to a complicated and complex problem. But do I think docks on the Bay, the right to have one, has an influence on the market value as an appraiser for 15 years, I have to say nominal. Most people that buy on the Bay are not looking for docks on the Bay. That is why you don’t get a lot of applications. You can’t say, well, nobody wants a dock on the Bay and then say, well, it is going to hurt their market value. The market for docks is usually for creeks and more navigable, deeper waters. The dock on the Bay, people that build on the Bay are looking for other things. A dock is an occasional, is that a market forced? It is a very nominal market forced. If you are concerned about market value, a few years ago the Board passed something that I spoke against, which was limiting the size that you can build on. The buildable, the 20% lot coverage issue. That has far more impact on market value, I believe, than the ability to put a dock. Now, would a dock that is 30 feet long versus 170 feet long affect market value? I don’t think so. But I think we need to start to say do we really want to allow 170 foot docks just because you have to go that far out to get to deep water? Suppose you have to go 270, 370, 470, 570? What are the parameters? What is the decision making here? I would like to know that and that is what the policy, over six months, we’ll be able to be develop, so that everybody understands what the decision making is. The Trustees recently said that they thought Cutchogue Harbor was a good place for docks in the Bay while other locations were not. I don’t know why Cutchogue Harbor would be good. It had been fairly pristine for so many years, I would like to know what the decision, maybe it is a valid point of view; but I would like to know the decision making. That is what policy does. That is what good government does. It puts it all out on the table for everybody to understand and it manages public assets with property rights, not you know, property rights don’t trump the other. Riparian rights are not the exclusive right to use something. That’s… MR. FITZGERALD: I understand. The, as I walk to my seat, let me just say despite the fact that essentially nobody is interested in building a dock on the Bay now, as soon as you ban them, you will find a lot of people are interested in building them when they talk to their lawyers and the assessors and what have you. SUPERVISOR RUSSELL: It could be. That could be. MR. FITZGERALD: Thank you for your…. SUPERVISOR RUSSELL: I don’t know if that will drive the market though. Mr. Wills? And that is the issue is fundamentally what affects market value? I don’t think lawsuits drive the market. Mr. Wills? FRANK WILLS: Frank Wills, Mattituck. I will say right out I am in favor of a moratorium because it will give the Board and whoever they choose to advise them more time to consider the facts, fiction etc. I attended the meeting the other day, last Saturday and I would like to read one sentence, one paragraph, that has me troubled. And let me first of all explain what CCA is for May 20, 2008 Page 59 Minutes Southold Town Board Meeting those who are unfamiliar with the term. CCA says copper, chrome, arsenate is a compound that is used to prevent supposedly, the rotting of timbers in the ground. One of the facts that they stated, that they presented, was laboratory studies by Weiss in 1991, 1992 had shown that the leech (inaudible) from CCA treated wood can be toxic to estuarian species. Leeching decreases to about 50% daily once the wood is immersed in the sea water. Approximately 99% of the leeching occurs within the first 90 days. I am still looking for an explanation for these facts. What happens after the first 90 days? All this copper, chrome, arsenate which is a poison, is in the water and where does it go? And how does it build up or is it still in the wood? Because if it all leeches out in the first 90 days, then why bother putting it in? COUNCILMAN KRUPSKI: They are just saying that it doesn’t leech out anymore after that 90 days. What happens is that the marine growth around the wood kind of encapsulates the wood and there is really virtually no more leeching after that period. MR. WILLS: But it still preserves the wood? COUNCILMAN KRUPSKI: Well, what happens is the worms will eat into it, die and then the other worms eat into it and die and eventually it does compromise the woods integrity but they just can’t eat into it and have a party. MR. WILLS: Alright. But I wish it had been explained in this. The other comment is the docks that extend onto public property which is all of us that own the water, the Trustees and so forth, has the Town considered charging a monthly, year rental fee? Getting some money out of this for the ones they do allow? COUNCILMAN KRUPSKI: I believe that when you receive a dock permit and build a dock your property is reassessed to reflect that added value. SUPERVISOR RUSSELL: A nominal assessment on it. As a structure. The underlying rental, that gets complicated with riparian issues. And again, riparian right is not the right to a dock of any length you want. Those are the issues we are going to work out. Also, I don’t want to speak of the science tonight. that is what the six month time out will be. It will be evaluating all of that stuff thoroughly and thoughtfully. COUNCILMAN KRUPSKI: And also, the moratorium won’t only address the science involved and the environmental affects, it will also address the navigational issues associated with docks and the access to the public. When we had a moratorium on the wetland code basically the code was taken apart and put back together, we had a lot of input from the affected public, the marine contractors, the marine industry and I would assume, I would hope, that we would have the same sort of help from affected people as we had in that process because it makes for a comprehensive judgment call by the Board then, when you get information from everyone and not just one group. SUPERVISOR RUSSELL: And that is what six months will allow for, everybody sit around the table and come up with something. Jill? May 20, 2008 Page 60 Minutes Southold Town Board Meeting MS. DOHERTY: I just wanted to clarify a couple of things. Yes, we have been talking about doing a policy for two years. However, it hasn’t been the top priority for the Trustees, we have been, as you know we have made significant changes to the 275 and we felt that this was bigger than a lot of those little changes and we didn’t want to hold up those little changes for this, so we moved that forward. We made, updated the shellfish code, we are working on the chapter 111 the coastal erosion code, so although this has been in discussion for two years it hasn’t been in the forefront. SUPERVISOR RUSSELL: I can appreciate that. MS. DOHERTY: And we are ready to put it in the forefront now and I also wanted to touch on what you said, in a conversation when you said the Trustees said the Cutchogue Harbor was… SUPERVISOR RUSSELL: Jill.. MS. DOHERTY: It was a good place, I was speaking for myself. SUPERVISOR RUSSELL: Okay. You said we, so I misinterpreted that and I am sorry. MS. DOHERTY: And I don’t mean all of Cutchogue Harbor, there are some Marine II zoned areas and some areas that it would work, obviously I approved. You know, I voted for the one dock there, so I just wanted to clarify that. SUPERVISOR RUSSELL: Heather? HEATHER CUSACK: Hi, I am Heather Cusack, I have lived in this town for 46 years and I want to thank you for proposing this moratorium. I think it is a great idea and I thank you all, you know, Al and Scott, what you said about it. I do think there is a need for it at this time, take a look at, like you said, the policy and the current law and whether it is protecting those areas of the shoreline where it is not a good idea to have docks and I am in support of it and our greatest resource is Peconic Bay and so you know, you are talking about like property values, losing property values if you can’t get a dock, what makes those property values high is that those people have this incredibly beautiful Bay in front of them where they can fish and swim and a lot of western parts of the Island and other parts in our coastline, you can’t swim, you can’t fish, it is polluted. So it is really good to take a look at this now and the impacts and I think it is really th neat that this public hearing is on tonight, May 20, which is the full moon, which is the first night that the horseshoe crabs come up and lay their eggs and are mating and the, a lot of our shoreline that will be something that you will take a look at, where the horseshoe crabs are laying their eggs and those wouldn’t be good places for docks. And the dock that was referred to in Cutchogue Harbor, that was permitted last, this past winter in, you know, that stretch of pristine shoreline. That is a horseshoe crab nesting area and even though all the (inaudible) are not before the Trustees right now, the shoreline there has 57 private pieces of property that those 57 people may decide that they want docks and how can you say no to them when you have said yes to that person? So, and actually when I was working for the Town the neighbor next to the one May 20, 2008 Page 61 Minutes Southold Town Board Meeting that was permitted said I am going to come in for a dock application. They came in to the Trustee office and told us that. So that is very much a possibility. So thank you for doing this, I am in favor of it. I am a boater, I am a swimmer, I am not for docks. I am for, you know, accessing the water with my feet and getting in my boat. And I think just one thing on the CCA, the Town’s of Southampton and East Hampton have banned the use of CCA treated lumber in the Peconic Estuary. The Peconic Estuary program is against the use of CCA treated lumber. It is something the Trustees keep taking a look at and it is through that dilution is the solution to pollution, you know, it is not, you know, you put in a CCA dock and suddenly there is a fish kill but it is toxic, why put it in there? I know why. It protects the dock but it is not protecting the Bay. But anyway, thanks a lot. SUPERVISOR RUSSELL: Just one thing I want to say, we had a dock permit, that dock in Cutchogue, we had five Trustee vote: two for it, two against it. They are reading the same dock test and they are coming up with very different conclusions. That would be a good time to clarify the policy and create something for the long term, so everybody can understand. MARK TERRY, LWRP COORDINATOR: Mark Terry, LWRP coordinator. I don’t want to go over the positive and negative benefits of docks because I think a lot of the science is inexact in some areas and that is what we are going to have to flush through and try to come up with some good science as we move forward for a management plan. I think that is ultimately what we will end up with, would be a management plan for docks in the Bay. SUPERVISOR RUSSELL: Right. MR. TERRY: I just want to commend the Town Board for recognizing Peconic Bay as a public resource for all the citizens of the Town as well as a regional resource. In many different areas I work with Cornell Cooperative Extension in spawner sanctuaries, we were trying to do that this morning; we are establishing eel grass sanctuaries, we are trying to preserve the maritime heritage of Southold. Trying to do shellfish sanctuaries and all these things have to be combined. We also need to assess, as the Supervisor said, in a holistic way all these designations from the other agencies that have been placed on Peconic Bay. So it is a significant fish and wildlife habitats, critical environmental area; they all need to come together, one dock, one map that says docks are permissible here, docks are permissible here, this type and docks may not be permissible here. That is what you ultimately may end up with but I know that the Town Board is interested in forming a panel of experts, Al is having me contact a few and hopefully we can get this done in six months and that is it. I also thank you for being proactive, the only thing with the moratorium is in regard to Fishers Island, by nature of geography, Fishers Island is an island and it is isolated with only vessel transportation, so therefore it is a water dependent use. For a dock to be on Fishers Island, it is a water dependent use, so the Board may want to reconsider that within the moratorium. JUSTICE EVANS: We had a discussion today and I had also previously talked with Jim King who told me that he, Fishers Island Sound and Long Island Sound, he didn’t think and I don’t know if all the Trustees think this, but did not include the harbors and the coves off of that. But speaking with the Town Attorney and the Town Board agrees that we would add that language May 20, 2008 Page 62 Minutes Southold Town Board Meeting into the moratorium so it was clear that they were not included in the moratorium. MR. TERRY: Okay. By nature of Fishers Island with its high wave energy and therefore docks in the oceans or the sounds are often problematic. JUSTICE EVANS: Well, I think that the people on Fishers Island would for the most part would still, as this new policy is being developed, hopefully there is also policy that includes Fishers Island but that it may have to be different policy. MR. TERRY: Exactly. As a water dependent use. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up? Dave? MR. BERGEN: I am just interested in a clarification of htat because my understanding from the reading and from what I read before is that this included all of Fishers Island. Is it today that the Town Board in your work session decided to exclude the harbors of Fishers Island from this or are the harbors included in this? COUNCILMAN KRUPSKI: The way it reads would be excluding Silver Eel Cove, Hay Harbor, West Harbor, Chocomat Cove, East Harbor…. MR. BERGEN: Okay. COUNCILMAN KRUPSKI: Because as harbors, I think the Board would look at them the same way we look at creeks in the Town and if areas that historically have docks and we can review the use of those docks there during the moratorium without having a moratorium on those areas… MR. BERGEN: Because they still have to be reviewed under 275. you are absolutely right. so there still is a review process for those areas. COUNCILMAN KRUPSKI: Absolutely. MR. BERGEN: Like I said, this is a change that I wasn’t aware of today obviously because I wasn’t there at whatever meeting you were at. JUSTICE EVANS: And then I had spoken to Jim King two weeks ago when I was over here and he was a bit surprised that I thought those were included in the moratorium… MR. BERGEN: Okay. JUSTICE EVANS:: But most of the Island thought… MR. BERGEN: And that letter reflected it and that is what I thought, was that it also included all those harbors, so I am glad to hear that you reconsidered that. That is great. Thanks. May 20, 2008 Page 63 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Thank you. Benja? Do you want to speak on this hearing? Or should I close it to get on with…. BENJA SCHWARTZ: No, no, I want to talk about the docks. Benja Schwartz. The docks and the rocks. And I want to compliment all of you because that is what you are here for, to protect the public’s rights and we are talking about public property rights. As a private property owner in Town, I would also like to note that each one of us our private property rights are limited if there is overdevelopment of other private properties. So even in terms of private property rights, I think the highest, we are in an estuary. Peconic Estuary they say has national significance. I think it has global. I love it here and I think we need to do everything we can to protect it and we don’t need to go very far. Right down Cutchogue Harbor, the beach in front of Pequash Club, if you go to the east, you have a beautiful walk down to the channel. Down to the creek and you can really enjoy yourself there. if you go the other direction, to the west, you hit docks. Docks, bulkheads. And then there is rocks around the inlet and nobody walks there. there are some people there, wealthy people, that have large boats that use that inlet to get in and out of, large boats are hard to use in the East Creek side where there is not as deep a channel but you know, it is an issue here too of economic justice for the people who can’t afford the big boats. But even the people who can afford the waterfront property, I love to look out there and see all the kayaks that are becoming very popular. You could have 1,000 kayaks out there and you still have a beautiful view but if you get one of those cigarette boats, that spoils the view for everybody. Maybe the people in the cigarette boats are having fun but the private property owners, maybe they will sue the Town and say they have a right to a dock, I think the Town, the government, you are the people that can stand up for the public property rights. You are the only people that can. I want to thank you for doing that on behalf of everybody and also personally, I love to go out there in small boats; kayaks, canoes, sailboats, sunfish, windsurfers and I am going to throw in a quick commercial to end it with hobie cat has a new kind of kayak, with a mirage drive. The regular mirage drive is wonderful but if you get the extra large turbo fins, you could just sit there and just get very mild exercise. You can go for miles without getting tired and the kayak flies through the water. It is a great way to see the Peconic Estuary. Thank you. SUPERVISOR RUSSELL: I think it would be a mistake to think all the waterfront owners are you know, in unity here, that they want their docks. I actually, the one in Cutchogue I didn’t even know about until waterfront owners called me complaining because it was approved. I went through the same thing two years ago. I said let’s put it all on the table and develop some sort of policy here. Actually, Albert and myself talked about it and the rest of the Board agreed. Would anybody like to comment on this particular public hearing, so that we can close it and get yelled at for other things? (No comment) Okay. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell May 20, 2008 Page 64 Minutes Southold Town Board Meeting Meeting Reconvened Meeting reconvened at ____________ P.M. Statement SUPERVISOR RUSSELL: Okay. Would anybody like to come up and address the Town Board on any issue? Joan? MS. EGAN: Joan Egan again. I will go through it quickly. I did go to Cablevision in Riverhead, it may be my wand, it may be my area. They are coming out to check it out. There are too many tapes being run on 22, it is getting a little confusing. The cell phone, I think some of the young kids said something about the cell phones, didn’t they? SUPERVISOR RUSSELL: I don’t remember. MS. EGAN: Oh, you will be in trouble for not remembering every word those children said. Well, the cell phones you have to be careful of. The water spots are getting worse. Water conservation and of course the run off soil and how about another code enforcer? SUPERVISOR RUSSELL: It was not in the budget this year. We passed the budge back in December. I will not hire a code enforcement officer when I don’t have the funds to hire one. I would like to put one in the budget… MS. EGAN: Can’t you get one to run as a freebie? SUPERVISOR RUSSELL: As a freebie? We actually have that now. You would be surprised. There is nothing like a neighbor to help you enforce the code. COUNCILMAN WICKHAM: I would just like to correct the Supervisor. It is the Town Board that hires him, not him. SUPERVISOR RUSSELL: Oh, well that is a fair point. But I do a budget that I present to the Town Board, I did not include a code enforcement officer last December, I would like to include one in the budget I present this December. MS. EGAN: Good. Thank you. SUPERVISOR RUSSELL: Anybody else? (No response) Motion to adjourn? Oh, I am sorry, Nancy. I thought you were leaving. I am sorry. NANCY SAWASTYNOWICZ: No, actually I am Nancy Sawastynowicz of Cutchogue and I haven’t been able to come to the meetings because they are at 4:30 and I work. So I am concerned about that. Is there any reason we had 4:30 meetings in a row? SUPERVISOR RUSSELL: Just a unique set of circumstances. Tonight’s meeting was moved to May 20, 2008 Page 65 Minutes Southold Town Board Meeting 4:30 because the Grievance Board has to be here from 7:00 to 9:00 and by state law they have to have hours after 6:00 PM on this Tuesday every May. So they needed the office, so we passed a resolution several weeks back moving this meeting from 7:30 to 4:30. It was just a rare set of circumstance. MS. SAWASTYNOWICZ: Oh, good. Because in the future, it is very hard for people to get here who work. And I did get a copy of the letter, speaking as the president of Save Cutchogue dot com, that the Land Preservation Coordinator sent to Nocro and to the developer or contract vendee. Has there been any response? SUPERVISOR RUSSELL: Not to my knowledge. MS. SAWASTYNOWICZ: Yeah, the letter was kind of simple. I would have said please more. And then it is interesting, the master plan summary was done in December 15, 1983, so we did a little research and master plan workshop committee of 1984, who was on it but Dick Cron. Now, I really think that is a conflict of interest, that he is on the master plan workshop committee and he is proposing the biggest development in Southold Town at the time. So, I just, I find this stuff and I just want to vomit. Sorry. So then I don’t have a lot to say because, you know, we are just looking into the master plan and it should be updated, it was, you know, it says in the master plan that for a project as big as the Heritage at Cutchogue, they have to have sewerage and water and there is neither there of htat for this plan, so I just, when I read that the Water Authority says that if they get site plan approval then they will give them water, well, there really is not enough water so I am just concerned with, this master plan is so outdated but they do say they have to have sewer and the plan does say septic system. So I am just like, you know, I don’t know what to do about it but I want to just thank you all and I am happy about the moratorium for the Peconic Bay. I know this public hearing is closed on it but I do walk the Bay, the Cutchogue Harbor, and it is so cool with the horseshoe crabs this time of year. It is just a sight to behold and I don’t want to tell any of the baymen so they will come there and get them to use for bait because I saw the, it was a really good program at the Audubon about the horseshoe crabs and they are having a problem with them becoming extinct. They are not really saying it yet, they want to make a count on it and it was really interesting and when I do walk the beach to the west, like Benja said, there is a lot of old ones that are really jagged and broken. Maybe in this revised code, you guys can look about the old beat up ones that are still dangerous in the water and have them removed by the owner. Not the Town. Thank you so much. SUPERVISOR RUSSELL: Thank you. MS. SAWASTYNOWICZ: Let’s keep it at 7:30 in the evenings. Thank you. SUPERVISOR RUSSELL: Okay. MR. SCHWARTZ: Evening. Get back to the meeting of, in Cutchogue that was advertised as public input requested. I think I made my point that that kind of a meeting could be viewed as a meeting of the Southold Town Board to do business. I have no objection to that. In fact, I suggested maybe you would like to hold another meeting but I think you should identify it May 20, 2008 Page 66 Minutes Southold Town Board Meeting clearly as a meeting of the Town Board and not have it kind of vague what it is about and then at the bottom of the advertisement it says it says, paid for by the Southold Business Alliance. I wonder if the Town Board would like to seek some public input from some people who are interested in the business of preservation. SUPERVISOR RUSSELL: Sure. MR. SCHWARTZ: It, maybe we would like to, the Group for Cutchogue maybe would sponsor a meeting. Maybe we can get some other groups involved and so I have nothing against that kind of meeting but I felt that I was not welcomed at that meeting. and I felt that some of the people there and I am not speaking of the moderator, the Supervisor or the Councilman that was there, they were more interested in demolishing government rather than improving government. There was a suggestion to combine the Planning, Zoning and Building Departments. You know, there is no Zoning Department. I think what we need to do if you would like to improve the government in Southold Town is to clarify the functions and the roles of the various committees and make that clear, there was a suggestion from the group from England that came here on, I think Supervisor Wickham was involved in that and they came here and they, one of their suggestions that made sense to me was develop a job description for every employee of Southold Town government. Well, the reason that I was kind of not welcome, didn’t feel welcome at that meeting is that the Supervisor called me a commercial because I suggested that we could improve the Town website. Well, you know it doesn’t have to be me. But with all due respect, I probably am the most qualified person and anytime anyone of you would like to discuss it, I am available. I offered, I have volunteered time. I think the Supervisor knows that I am not speaking out of commercial interest. Town Board meeting two weeks ago, the public hearing on purchase of the Tall Pines property, Councilman Orlando wasn’t in the room but I had asked about the transfer of development rights that was coming from that property… SUPERVISOR RUSSELL: Transfer of sanitary flow credits. MR. SCHWARTZ: Which is a form of development rights. SUPERVISOR RUSSELL: That is right. MR. SCHWARTZ: And I had asked a question, there was another individual that asked a question. Nobody on the Board thought to mention that there was a public information session two hours later. Right here. I would have come. Nobody came. SUPERVISOR RUSSELL: This is a completely different issue and it was right after the meeting, actually, seemed like it was anyway. But that was the, establish a TDR program which is not yet established, which was a SEQRA review of a TDR program that the Town is entertaining adopting. It is not the same as the sanitary flow credit issue. MR. SCHWARTZ: I am not going to argue with you. SUPERVISOR RUSSELL: Oh, I don’t want to argue with you. and Benja, when we talk I listen May 20, 2008 Page 67 Minutes Southold Town Board Meeting to you patiently every time, I would appreciate if you would let me finish when I talk. I noticed two weeks ago you didn’t do that and it is becoming a habit. I certainly, I am gracious to listen. There is a separate TDR plan, the Town has not adopted yet, that was a SEQRA review of that plan. The sanitary flow credit is specific to affordable housing. That was actually passed by the previous Board before I got here. That was fully vetted and had a public hearing and everything. It is a separate program. MR. SCHWARTZ: I, I SUPERVISOR RUSSELL: Yeah, the public hearing for the TDR would be for the, two weeks from today, right? Oh, no, it is next Tuesday. COUNCILMAN KRUPSKI: Last meeting, two Tuesday’s ago, we had an information meeting about the TDR because we thought there would be a lot of community interest because of the proposal. We had numerous Town staff here that had worked on the TDR concept, along with the Town Board members to try to, it was an informational meeting to try to answer questions that people had about it. We had one stakeholder from East Marion show up and that was it. So we were a little disappointed because we were really prepared for an audience to get involved in the TDR discussion. MR. SCHWARTZ: How was it advertised? COUNCILMAN WICKHAM: Poorly. MR. SCHWARTZ: Well, that is why I am bringing it up today and I am suggesting and I did want to mention the public hearing next week. Next Tuesday at 7:30, in this room… COUNCILMAN WICKHAM: Yes. MR. SCHWARTZ: A public hearing on a Transfer of Development Rights Program with the exception of the Transfer of Sanitary Flow Credit development rights which is already part of the law in Southold Town. There is information available out in the lobby here on the Transfer of Development Rights program which is being proposed and I just wanted to point out one thing I was reading in there today and it says ‘growth to hamlets and commercial centers will increase the amount of and need for infrastructure improvements in these areas if these are not already present or adequate. These improvements include sanitary sewers, water supply and drainage systems, roadway improvements, increased community service capacities, solid waste handling, energy supply’ in other words, more taxes and I hope we get a good show at the Transfer of Development Rights hearing. Which by the way, I am in favor of. I was also disturbed after the meeting, which must have been in between the meeting and the public information session when I met you in the hall, Supervisor Russell, you returned to me a card that I had made up for you describing how Southold Town government has legislative, executive and judicial powers… SUPERVISOR RUSSELL: We don’t have executive powers. Just to make that clear. I can’t spend a dollar without the authority of the Board, I can’t make an appointment without the May 20, 2008 Page 68 Minutes Southold Town Board Meeting authority of the Board. I am not an executive, I am an administrator. MR. SCHWARTZ: The irony is that you like executive sessions so much. But that is a different… SUPERVISOR RUSSELL: I don’t set the agenda on executive sessions. MR. SCHWARTZ: The fact is… SUPERVISOR RUSSELL: You are (inaudible) again. I don’t set the agenda on executive sessions, the Board does. MR. SCHWARTZ: The fact is that the executive power is definitely an important part of Southold Town government and it, you have special status with relation to not just the executive power but the executive duties of Southold Town government and what I am asking you is to exercise, you as a Town Board, to exercise the executive powers in connection with enforcement of our implementation of our planning documents and revision of a spot zoning. Now, just to clarify because apparently I need to clarify it, this Board does hold executive power and legislative power. You have heard of these hybrid cars, they have gas engines, they have electric engines. You wouldn’t say they aren’t a gas powered car, you would say they are gas and electric. Well, this Board is legislative and executive powered. Some of the special functions of the Supervisor are the executive functions of proposing the budget, setting the agendas, overseeing the conduct of the Town Board meetings, and negotiating and signing contracts. Some of those are done pursuant to the direction of the entire Town Board… SUPERVISOR RUSSELL: All of the contracts are. MR. SCHWARTZ: But proposing the agenda, that is at your discretion. What the actual agenda is, that can be modified by the other Board members. Same with the budget. You can propose it but you can’t enact it. But your executive powers, you definitely have some and I don’t want to get into something contentious here…. SUPERVISOR RUSSELL: No, that is certainly not in your character. Look, my executive role, I don’t have the authority to override. I don’t have the singular authority to vote to enact things, to hire, to fire, to spend even a dollar. That is, I am but one vote of six here. COUNCILMAN KRUPSKI: We keep an eye on him pretty closely here. SUPERVISOR RUSSELL: It is simply not structured where I have any vote that has any more weight than theirs. MR. SCHWARTZ: I am not going to talk about the compensation of the Chairman of the Transportation Commission. SUPERVISOR RUSSELL: That was rescinded. May 20, 2008 Page 69 Minutes Southold Town Board Meeting MR. SCWHARTZ: Well, I just said I am not going to, but what I would like to mention is that there was also a resolution last week that was to appoint Neboysha Braschich on the Board of Trustees for the Long Island North Fork Heritage program. I try to find that and I don’t believe there is one. SUPERVISOR RUSSELL: The North Shore Heritage. It is actually sponsored by the state and I have booklets in my office. MR. SCHWARTZ: There was a typo in the agenda then. SUPERVISOR RUSSELL: I thought it said North Shore, it said North Fork? The North Shore Heritage. COUNCILMAN KRUPSKI: We don’t have one of those yet. SUPERVISOR RUSSELL: That is actually funded by the State of New York. MR. SCHWARTZ: Not yet. Which, okay, that is a long story. You mentioned something, I believed it was the last meeting, Mr. Russell, about the master plan that was completed in 1989. SUPERVISOR RUSSELL: Adopted the zoning that went with the master plan. That was June 10, 1989, I believe. That was the zoning, that was the teeth to the master plan. MR. SCHWARTZ: Do you understand how zoning differs from planning? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: That was not the master plan? SUPERVISOR RUSSELL: No, that was the zoning map that attended the master plan and we can argue all day as to whether we had one or not, I would argue that we did. It wasn’t a good one but we had one. And that zoning was meant to reflect that. MR. SCWHARTZ: When is the last time you read the master plan? SUPERVISOR RUSSELL: Oh, probably four or five years ago when I was an Assessor. And the narrative components are very brief and they are scattered throughout other documents. There is no singular narrative that was presented to the Town Clerk when it was passed when the map was adopted in 1989. But it had been thoroughly vetted through numerous community meetings over the course of a couple of years. MR. SCHWARTZ: Have any of the Town Board members read the master plan this year? COUNCILMAN KRUPSKI: This year? No. Not since it was adopted. May 20, 2008 Page 70 Minutes Southold Town Board Meeting MR. SCHWARTZ: Which was? COUNCILMAN KRUPSKI: 1989. June 10. 6:45. MR. SCHWARTZ: That was the zoning that was adopted in 1989. SUPERVISOR RUSSELL: Master plan is not good without zoning, you know that. There is no teeth to it. That, the LWRP, there is no teeth to it. MR. SCHWARTZ: Well actually, that was adopted pursuant to a “master plan update” so if we go to the Town record books and look for the complete master plan, the nearest thing I could come to it was a quotation from 1977. It was a Mr. William Pell asked Mr. Tasker where he could get a copy of the master plan. And he goes into a description of the master plan here of highly amusing reading. I recommend it to all of you. I would be happy to provide you copies. I am not going to burden you with a recitation but he describes some mishmash, miasma. A master plan, for a plan to work we have to understand what it is, we have to know what it is. I have been doing some studying and thinking about this, it is your job as the Town Board to plan for the Town, to lead this Town into the future by planning and you were doing that tonight with the docks and I commend you on that. And then to implement the planning by creating zoning that is consistent with that planning. But the planning comes first. Once you have created the zoning, it is misleading. The Zoning Board, it is called the Zoning Board but really, they have no power to create zoning, what they do actually is vary the zoning so that a few, if your zoning does not fit a particular property, the Zoning Board can change the zoning to make it, to adjust it, to fit that particular property. ASSISTANT TOWN ATTORNEY CORCORAN: They give you relief to the code. That is their relief valve. MR. SCHWARTZ: They give you relief. A variance or adjustment to the code. The Planning Board on the other hand, doesn’t do the same kind of planning that you do but they are involved, to some extent, in planning. They will take the planning and the zoning and then they refine the zoning by doing further planning specific to a specific piece of property. That is the job of the Planning Board but that type of planning cannot make up for ignorance of the comprehensive planning that exists in this Town and their planning and adjustments in the site plan review process, for example, cannot make up for bad zoning. we have a very good example of how they failed. All we have to do is drive up on the North Road and we see the Cliffside apartments. Does anybody think that that is a good thing up there? The Cliffside apartments. That that is an asset to Southold Town? SUPERVISOR RUSSELL: Actually, I think you need to understand that wasn’t just a zoning issue, I think they got relief from the Zoning Board of Appeals as well. My personal view is that it is over built. I don’t mind the use for that site, I just think that it is over built for that site. There is a lot of units in poor area, and when they say cliff side, they really mean it. May 20, 2008 Page 71 Minutes Southold Town Board Meeting MR. SCHWARTZ: I agree with you that it is over built. It is not quite cliff side, they weren’t allowed, they were forced to go back 100 feet from the cliff. But then they have building on top of building, squeezed between their buffer zone and the road. Funny thing about is that I am not sure who owns it and when I asked the Planning Board how it was going to work, they said we have no idea. That is what we are going to find out, is how this is going to work because this is the deal. The permit, unlike other buildings, this permit requires the building permit or the, I don’t know, was it building or planning permit, requires that the resort motel be closed between January 15 through March 15 of each year. Okay? It says the units cannot be occupied as a dwelling. They are going to have two bedrooms, bathroom, shower, you know, kitchen, but they can’t be occupied as a dwelling. The operating agreement will provide individual owners shall be guaranteed no more than two weeks of occupancy of their unit during the prime season. So in other words, they are selling these 70 units or so to 70 different individuals and then there is going to be some kind of management there, sort of like a timeshare but not. But with all due respect, this agreement that the Planning Board put in place is not protecting the environment, it is not protecting us from the ill effects of that overdevelopment on every other property owner in Southold Town. Every person who passes through town, there is no real, I can’t figure it out and I have tried. How this thing, this, these restrictions could be enforced. I don’t even know who you are going to enforce them against. The owners or the management company. It is not really clear what constitutes a violation. It says the resort motel has to be closed for two months a year. Does that mean that the owners of the units can’t stay there? It wouldn’t be at the motel, they would be in their own units. Can they be there in the winter or not? It is not clear. This whole thing is not clear. How would Southold Town know if an owner is spending more than two weeks in the summer there? You know, with all due respect, I think this is an abomination. I don’t know who is going to try to enforce it or what the penalties would be. There might be answers to these questions but they should have been found out and put in place before the permit was granted. SUPERVISOR RUSSELL: They were subject to several public hearings at the Planning Board level and I believe the Zoning Board of Appeals as well. It was also four or five years ago, if I am not mistaken. When they actually got their ZBA approval for that. But it is an equity interest hotel, motel, in that they own the units and then they have a management company that leases out those units on weekly basis. The idea is that you have your own motel but it pays for itself in time. But that was about four or five years ago that they went through the hearing process. I actually attended one of the ZBA hearings with a local motel owner because I was concerned about that particular project. MR. SCHWARTZ: Do you have any comments? COUNCILMAN ORLANDO: Yes, I was on the Zoning Board at that time and it will shut down for those two months because, the theory behind it was that it is for a summer rental resort so it will physically shut down for those months and the people, as you said, will buy it and they will rent it out through the management company…. MR. SCHWARTZ: They forgot to mention that in their real estate advertisement. (Inaudible) May 20, 2008 Page 72 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: It is a covenant though. They will get disclosure at the closing table. COUNCILMAN ORLANDO: The theory behind it is it is a summer resort so no one is going to want to stay there in January and February. There is nothing really to do for the summer resort… MR. SCHWARTZ: I understand the theory but in fact, what happened is bad zoning turned into bad planning and the Planning Board review was short circuited by threats of litigation and we ended up with a project that is a discredit to our government and it is an abomination for our town. COUNCILMAN KRUPSKI: Well, maybe we can learn from it. Maybe we can learn from that. MR. SCHWARTZ: That is my opinion. I hope so. Now, I would like to quickly go back, jump to 23 years ago, you know, there, 25 years ago there was spot zoning done on 46 acre parcel in the heart of Cutchogue hamlet. At that time, it was a farmed parcel. It hasn’t been farmed for the last 25 years since it was rezoned to high density residential. That was in 1983. In 1984, the Town went through an extensive planning process with public input and produced the 1984 master plan update background studies. It is an excellent document. You know, I have been reading it. I also read in 1985, they did the executive summary of that document. You can’t just rely on the executive summary. You have to read the background studies document to understand it. Apparently the Town Board didn’t understand it in 1989 when they revised the zoning code and they neglected to change the zoning on the Heritage. The zoning was put on the Heritage on the premise that there would be no environmental impact. That is absurd that there will be no environmental impact from 140 or at that time I think it was proposed 160 units. That was, that idea that there wouldn’t be an environmental impact was contradicted the following year, after the rezoning, after the spot zoning. the Planning Board said there might bean environmental impact and we have to do an environmental impact statement. The developer said no, the Town Board said no environmental impact. Now that was them then but it is you now. you the Town Board stand behind the determination of the 1983 Town Board that said there would be no environmental impact, there was no environmental impact statement necessary. Now the Planning Board said yes, there might be environmental impact, we require a statement. The developer went to court, sued and lost. The court said, yeah, maybe there will be environmental impact, the Planning Board has a right, the Town has a right to request that. But not just to request that to do the review in the Planning Board before the Planning Board, you can request that before you grant the zoning but with all due respect, that zoning should be reversed and if you are going to zone that high density residential, they should do it the right way. It was done the wrong way and for some reason, it has had a free pass for the last quarter of a century and continuing longer than a quarter century today and this Town Board is continuing to give that zoning a free pass. It is wrong. There was some discussion today of some property that you are purchasing some development rights to protect a scenic view shed. Never heard that description but that would apply to this property. Viable farmland, that would apply to this property. This property virtually backs up on the Hargrave vineyard, where the grape, the vineyard culture out here began. I think, you all know that Cutchogue is the sunniest spot in New York State. Even sunnier than Mattituck or Southold. Well, it is good farmland and I May 20, 2008 Page 73 Minutes Southold Town Board Meeting would like to see it stay farmland. It is also very importantary for watershed protection. In the 1985 master plan update, it said that the areas in the zoning code designated hamlet density should not be just given a free pass because they have four acre zoning and allowed to have four acres, four units per acre but the four units per acre should be the maximum density only in cases where there is public water, public sewer and provision of moderate cost housing. Where do I start? Provision of moderate cost housing, the proposed development is going to provide the minimum affordable housing required by law, 10 %. Or is it 15%. SUPERVISOR RUSSELL: They bought out at 15, they are providing 10. MR. SCHWARTZ: Ten percent. So it is 90% unaffordable. Is this how we provide affordable housing? Moderate cost housing, 90 % and 10 % affordable. I think you can do better. I know you can do better and I know you have a Planning staff that can do better. Sewage treatment. They are requiring the developer to look at an alternative of installing sewage treatment. The developer has a free pass from the Suffolk County Department of Health that says that because they are not going to allow anyone under 55 live there, they are not going to use the toilet so much. So they don’t need sewers, they can have cesspools. The alternative is going to come in, it is going to be very expensive and you know, they are going to say the same thing maybe they said the last time. Many acres of land would have to be utilized for construction of a sewage treatment plant. Many of the sewage treatment plants constructed today are not aesthetically pleasing to the surrounding areas and release unwelcome odors to the environment. Environment includes downtown Cutchogue hamlet. I miss the old variety store, I miss the old Rysko’s grocery there. you know, Cutchogue hamlet center is a bit of a mess right now. there is signs all over the place. No stopping, no standing. I don’t know the difference. What does it mean, when you can’t stop or when you can’t stand? SUPERVISOR RUSSELL: Stopping means literally no stopping, standing means no parking with the vehicle while you are still attending the vehicle. MR. SCHWARTZ: So standing you are still in the car. Stopping you are no longer in the car. That is parking, isn’t it? Stopping, stopping. I thought stopping was just stopping the car. But standing. You know, it is not as bad as it used to be. There used to be a no stopping sign right on the curb where the stop line for the red light, New Suffolk Avenue, you would come up to the line where you are supposed to stop for the red light and there was a sign that said no stopping. So you have a red light and no stopping. You know? COUNCILMAN KRUPSKI: Can we take care of that? SUPERVISOR RUSSELL: Yeah, we will take of it tomorrow. MR. SCHWARTZ: Well, the signage, I would be happy to take anyone of you for a tour. You know, entering Cutchogue hamlet there is a sign that says deer crossing. COUNCILMAN KRUPSKI: It is a little redundant…. May 20, 2008 Page 74 Minutes Southold Town Board Meeting MR. SCHWARTZ: And then you get halfway through the hamlet and it says speed zone for school. Well, if you are speeding at that point, I think we have a problem. Anyway, I will try to wrap this up. You know, I believe that the determination of the Town Board that there would be no environmental impact from this project was reversed by the Planning Board and the zoning should be reversed also. The planning documents of this Town, including the master plan summary update and even if we look at the draft environmental impact statement, coincidentally was done in 1989 the same year the rezoning, the town wide rezoning was completed, the draft environmental impact statement for the original wasn’t called the Heritage at Cutchogue, it was called the Hamlet at Cutchogue and in there they describe how the attorneys for (inaudible) the development corp went to court and lost and they talk about this being within the hamlet density district and meeting the zoning requirements. It may be true that the current density of some three, three and a half, three units per acre, I don’t know because in addition to residences there, you have a large community facility that they are planning so it is hard to say exactly what the density is, you know, I am kind of the opinion that they maybe should be required to have a planned development district or something to have residences plus a health club, I don’t know if they are going to have a restaurant there or what but they are planning more than just houses. I don’t see those uses they have as normal accessory uses. One last thing, I would like to read you just a paragraph from the Southold Town Stewardship Task Force from 1994, it is another way that this project, as it is proposed right now is in conflict with the planning in this Town. You know, the sewage treatment, the moderately cost housing, we already talked about that. The public water, I could keep you here all night talking about the public water. I won’t. I am just going to read you one paragraph but I don’t believe that that development has the requisite Town Board approval to go forward to use water from the Suffolk County Water Authority. Suffolk County Water Authority for years promised they were just coming in here to help the people who were already here and maybe a few more people that were going to move in but new development, no. One hundred and forty houses, I think that is a pretty substantial new development. Recommendation number 14 of the Southold Town Stewardship Task Force, public water. The availability of adequate, potable water is a matter of critical importance to the residents of the Town of Southold. In some cases may require introduction of public water, drawn either from our own ground water or piped in from the west. There can be a connection between dense residential development and public water. It is important to eliminate the appearance of an automatic linkage between allowed zoning density and the availability of public water. Our recommendations concerning public water are made with an understanding that its introduction come only in response to preexisting need and not as a means of encouraging further development. And I have heard some absurd statements from Councilman Wickham and Supervisor Russell regarding the water situation. If they would like to respond to this, then I would like to reserve the right to respond to those responses. COUNCILMAN WICKHAM: I have tried to say exactly what that report says and if I have said things at variance from that…. MR. SCHWARTZ: You said we have plenty of water here on the north fork. COUNCILMAN WICKHAM: I said we have, I have often said that the total quantity of water on the north fork is substantial, we have a great deal of water but there are serious problems with May 20, 2008 Page 75 Minutes Southold Town Board Meeting quality and consequently, I agree exactly with that stewardship report of 1994. In fact, I had a hand in writing it and I believe in it and I, that has guided my thinking consistently. Even to this day. MR. SCHWARTZ: How does that, how is that consistent with…. COUNCILMAN WICKHAM: How has that shaped my… MR. SCHWARTZ: The zoning on the….. COUNCILMAN WICKHAM: We have tried, we have, the Town of Southold has adopted a water mains map that is to the extent we could make it, consistent with the policy that you just read. MR. SCHWARTZ: It is very unclear how this fits into that water mains map. Furthermore, there is a watershed protection area that covers all of the, for miles, around this property. And this property, for some reason, is a whole in the middle of that watershed protection. Apparently in this, on this property, we don’t need to protect the watershed. I don’t understand it. It is inconsistent planning and zoning and it is unhealthy and it is going to be a disaster, just like the Cliffside. SUPERVISOR RUSSELL: Just to get a clarification on what absurd comments I made? You said I had made some absurd comments? MR. SCHWARTZ: You said that public water doesn’t drive development and it… SUPERVISOR RUSSELL: No, I said… MR. SCHWARTZ: That zoning could control development and it is common knowledge that the availability of public water enables lots which otherwise would only be developable at a lower density or which not be developable; you know, I have a lot, a couple doors from me where the house burned down years ago and they are having a problem developing it now because they can’t or they did have a problem developing it, excuse me, a few years ago they had problems developing it because there was not enough room on the property to put a well and a cesspool with the distance between them required by the Board of Health. Now we have Suffolk County public water and I am thankful for the fire hydrant on the corner but I am still using my well. I think I trust that water better. But that property now could easily be developed, whereas before it couldn’t and it is not a matter of the zoning, it is a matter of the availability of public water, which drives development. SUPERVISOR RUSSELL: I clarified for you that the fact is that at the end of the day zoning and Town Board decision making is what drives zoning and development. Water provides challenges, there is no mistake about that. Over the years since the public water has shown up it has issued challenges to us throughout the Town, Bayview, other places. Cutchogue. But I think we have risen to those challenges in many respects with the water management plan and some May 20, 2008 Page 76 Minutes Southold Town Board Meeting other things but at the end of the day, a two acre piece of property is still zoned at two acres; the presence of public water doesn’t make it half acre zoning. The zoning map is what governs the development. MR. SCHWARTZ: Where is the water coming from for the Heritage? SUPERVISOR RUSSELL: The Heritage? Good question. There presumption is, I believe, Suffolk County Water Authority. We have not signed off on a… MR. SCHWARTZ: They don’t just make water. SUPERVISOR RUSSELL: Huh? MR. SCHWARTZ: Where are they… SUPERVISOR RUSSELL: Where are they getting it from? Oh, I thought you meant where is the water availability. I assume from the aquifer and wherever they are recharging their pump stations from that aquifer. I don’t know if it is all linked yet or not but I think their eventual goal is to link all the water supply into one circular…. MR. SCHWARTZ: Connecting to Riverhead. SUPERVISOR RUSSELL: Well, they have two locations where they want to connect to Riverhead . Route 27 and then along Peconic Bay Boulevard. MR. SCHWARTZ: Well, I thank you for your time and I hope you will give some serious consideration to this and maybe do something one of these days so that I won’t have to keep coming back and talking to you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Okay. Can I get a motion to dismiss unless someone else would like to come up? (No response) 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 7:22 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk May 20, 2008 Page 77 Minutes Southold Town Board Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell