Loading...
HomeMy WebLinkAboutTB-07/01/2008 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 July 1, 2008 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 1, 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 July 1, 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. Budget Month ended May 31, 2008 2. Recreation Department Monthly Report May 2008 II. Public Notices 1. Zoning Ordinance - Other Towns Riverhead - Amend Section 108-22c(2) July 1, 2008 Page 2 Minutes Southold Town Board Meeting 2. NYS Liquor Authority - Liquor License Renewal Stepfal Restaurant Corp d/b/a Village Pizza, 13500 Main Rd, Store 1 & 2, Mattituck North Fork Table LLC d/b/a North Fork Table and Inn, 57225 Main Rd., Southold III. Communications IV. Discussion CANCELLED - 9:00 AM - Unsafe Building Hearing 1600 Bay Avenue, East Marion 1. 10:00 AM - Ray Huntington Small Parcel Preservation Policy 2. 10:30 AM - Melissa Spiro PLT Stewardship Contract 3. 10:45 AM - Jamie Richter Parking Restrictions at New Suffolk 4. 11:00 AM - George Smith Gloria Spire Solar 5. 11:30 AM - Phillip Beltz Affordable Housing Revisions 6. 12:00 Noon - Heather Lanza Planned Development District Consultant RFPs Planning Department Recommendation re CFD fee refund Heritage Update 7. 12:30 Pm - Lunch 8. 1:30 PM - Executive Session - Melissa Spiro Purchase of Development Rights (2) 9. Increase Pay for Crossing Guards 10. Establishment of Peconic School Building Committee per Councilman Orlando July 1, 2008 Page 3 Minutes Southold Town Board Meeting 11. Update Home Occupation 12. Wireless Moratorium Renewal 13. Executive Session CSEA Issues: Grievance settlement Disciplinary settlement Negotiations/approval of MOA 14. B & B in Maritime Zones - Per Supervisor Russell 15. Town Vehicle Policy 16. Peconic Transfer Station PLEDGE Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join me in the Pledge of Allegiance to the Flag. Thank you. Okay, now would be a time in the meeting that you can come up and discuss with the Town Board anything that appears on the agenda. Mrs. Egan? Joan Egan, East Marion JOAN EGAN: Joan Egan, East Marion. Good afternoon. How is everybody? All sweated up? Well, let’s start with 632, are we replacing? SUPERVISOR RUSSELL: Yes, we will. MS. EGAN: What a shame. You have too many people there anyhow. You know how I feel about the Planning Department. Now, item 633, it says to be tabled until 7/15 and then you have all about the…. SUPERVISOR RUSSELL: Let me explain. We had a resolution in for the DARE juvenile aid officers to go for annual training, it is in August. What this resolution was missing was the informational sheet that we require now as part of the Joan Egan act. Which is the information explaining all of the costs and the necessity to that training course. It is my error, I did not get that form out to the department head, so they had none to fill out. So we are going to table this until we get that and vote on it in two weeks. MS. EGAN: Well, in addition to all of the above, I had a very interesting conversation with David Bergen, the Trustee, in regard to the police department. And you have got to start moving up there. You, I think they are down six police officers now and they are now going to have to go to a county doctor to make sure whether they are going out on disability, whether they are retiring. But there is the possibility that you have a blank space of three or four police officers at July 1, 2008 Page 4 Minutes Southold Town Board Meeting one time. And you know what that does to the overtime and working double time, so at this point, you have got to up there make a decision about hiring another policeman or two. SUPERVISOR RUSSELL: Okay. We actually have already made that decision. We actually have two current vacancies, one, and we have already started. We called for the list and they are doing the background. It is a long process to hire police officers, the background is already being done by Suffolk County on I think 12 prospective candidates. MS. EGAN: Good. SUPERVISOR RUSSELL: Once that background is done, what is remaining of that 12 will come before us for an interview and a hopeful successful hire for those two positions. MS. EGAN: I sure hope you don’t hold back. You get one… SUPERVISOR RUSSELL: We are waiting for them to catch up to us. MS. EGAN: Now on item 634, this surplus non useable equipment. This is Fishers Island, maybe the schools over there could use it for their kids to learn how to put cars together or what have you. You can take care of that, Mrs. Fisher. Mrs. Evans, excuse me. I refer to you as Mrs. Fisher because it is Fishers Island. Um, no I didn’t quite understand, I think I understand but I would like a little feedback for 636 in regard to the Assessor’s Office, who need probably more help. SUPERVISOR RUSSELL: This is actually a budget modification that will take money out of appraisals. Every year we budget a certain amount of money that the Assessor’s will need for professional appraisals in a court setting, for (inaudible) courts. This will move money out of that into data processing personal computer service because they need money to maintain the computer system in there. MS. EGAN: Okay. Oh, item 637, this is the North Fork County Club? Now this is the second time I have addressed this. They have humongous runoff soil. And oh, Mr. Wickham, I didn’t stay for the whole hearing, meeting the last time but you know I do watch it on tv very, very carefully and take notes and I found it incredible that you said about the code enforcer. I don’t think there has been a meeting here, when even Mr. Horton was here, that I have not brought up about the code enforcer. You have plenty of feedback. You said you didn’t, that it was all Mr. Russell. It isn’t. It is each and every one of you and if you didn’t know about it, then you are falling asleep like this. Now these, item 639, these grants. Who makes the decision where they finally go? And why does the field need to be redone? SUPERVISOR RUSSELL: What happens is the Lions Club, as a tradition, they have done it for years. By use of the town facility, Strawberry Field, they donate after that event back to the Town a sum of $2,500 to help, to go back into the maintenance of the facility, the maintenance of the field etc. It is a generous offer on their part. They are allowed to use it like any other organization or community event, they use it but they feel like they should contribute something July 1, 2008 Page 5 Minutes Southold Town Board Meeting back to the Town to offset our costs of maintaining the property. MS. EGAN: Okay. Now, item 640, Mr. Harris needs more equipment or better equipment. Is that because of these past storms? SUPERVISOR RUSSELL: To be frank, I think that is safety gear, a lot of the safety gear like rubber gloves etc. is fuel dependent on costs and you would be surprised at the alarming rate of increase on the cost of buying equipment. Anything that is petrol dependent in its production costs a lot of money and this is a budget mod to cover those costs. MS. EGAN: Okay. Oh, what is this 645 about? I didn’t quite understand that. SUPERVISOR RUSSELL: That is the annual contract we have with the county. The county provides us some resources to help with the elderly residential repair program. You might see that advertised on channel 22. the elderly can call into the Human Resources, Karen McLaughlin’s office, and get help with simple repairs, such as electrical fixes, rewiring of appliances, that sort of thing. MS. EGAN: And now on item 647, are we temporarily replacing the person who is getting a personal leave of absence? Item 647. SUPERVISOR RUSSELL: Yes. Somebody is taking a leave of absence for a family matter… MS. EGAN: Will we replace them for a couple of weeks? SUPERVISOR RUSSELL: No. MS. EGAN: We make due. SUPERVISOR RUSSELL: No. We are authorizing a leave of absence. MS. EGAN: And we make due? SUPERVISOR RUSSELL: That is right. MS. EGAN: Now there was quite a bit on the farmstand thing in this part, that we will address… SUPERVISOR RUSSELL: In that hearing, in a little while. Yes, regarding changes in the farmstand code. MS. EGAN: That is fine. And I hope you have a lot of farmers here. I sure do. I know I did my best. Oh, the recreation center. 663. You know it is still a mess up there at Kenney’s beach. I can’t believe the mess that is there. You know, you did all that work on the west side of it. It is still a mess. There is dirt all over, pipes all over. When will it be cleaned up? July 1, 2008 Page 6 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: At Kenney’s beach? MS. EGAN: Well, I don’t… SUPERVISOR RUSSELL: At Town beach you mean? MS. EGAN: Town beach. SUPERVISOR RUSSELL: That is actually an ongoing, that is a project that was recently started by the County of Suffolk for a drainage, catch basins up there. it is a county driven project because it is a county road. I don’t know what their window of construction is but they probably have three or four more months of construction. You couldn’t ask for a worse time, I know because we are heading into the summer season but like I said, it is a county project for a county road. And it is for drainage for that whole area. MS. EGAN: That is the state or the county? SUPERVISOR RUSSELL: That would be the county right there. MS. EGAN: Who do I call to have them clean up that dirt because you know, you can skid on that dirt… SUPERVISOR RUSSELL: That would be Suffolk County Department of Public Works. MS. EGAN: Do you have that number in your office? SUPERVISOR RUSSELL: It is 853 something. MS. EGAN: Thank you. SUPERVISOR RUSSELL: I will get the last four numbers for you after the meeting. MS. EGAN: Okay. Because that is so dangerous. So dangerous. I think the rest is, the rest is pretty much on the farm, oh, this stuck my eye. 657, the school crossing guard. How are we doing on applications there? I know we had a terrible time out here. SUPERVISOR RUSSELL: We actually still have difficulty in finding people that are willing to stay for the position. Quite honestly, we find a qualified candidate who might live in Greenport and find out they have to work in Mattituck, for what the pay they were paying it wasn’t worth it in gas. MS. EGAN: Sure. SUPERVISOR RUSSELL: That is why we are raising the salaries today, the per diem, so that as July 1, 2008 Page 7 Minutes Southold Town Board Meeting we enter the new year in September, we can have a bigger pool of applicants for the positions. MS. EGAN: Good idea. And you do, you did tell me and when I was speaking with a couple of other people, Dave Bergen, and other people, that you were going to, well, first off, I did give the building department a big wakeup call for them to get out and do some of the things that they expect the one code enforcer that we have and that they are empowered to do a great many of those things. And I was also informed that you know, once this farmstand thing is pretty much resolved that there are people who are willing maybe retired police men, retired this one, people who have worked for the town who have some knowledge of what we need and what we don’t need, who would be willing to be I guess, I don’t know whether it is called deputized or volunteer to help you with this code enforcer. I know Mr. Forrester, I had him do something in East Marion, I had him do two things and I can honestly say, he did a great job. It was very tiring, there was a great deal of paperwork involved because it so happens that the people who own the property who were making violations did not live in our town, you know he sent certified mail return receipt requested, you know, the whole hype and they have 15 days to pick it up and if they don’t, then he has to start it all over again. So it is not as easy as so many people think. Oh, it is a violation. Well, you try to track a violation and he did two of them for me and I bless him all the time. I think that is it. Thank you very much. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on the agenda items? Melanie? Melanie Norden, Greenport MELANIE NORDEN: Hi, Melanie Norden, Greenport. These are just some quick points on procedure. I have noticed in the last few weeks when I have been attending the meetings that the public hearings have not been held at the time where they are designated to be held. I would like to encourage the Board to do that so that people don’t have to sit through the entire meeting if they have really come to attend a public hearing. So maybe you consider that. I just think it is an undue burden on people that are here to attend the meeting. And if they are not scheduled at the beginning of the meeting, I would like to recommend that they be scheduled at the beginning of the meeting so that people could come and again, not have to sit through the entire meeting. also the language of many of the resolutions is incredibly repetitive and particularly last week, this has nothing to do with Fishers Island but we had gazillions of resolutions on part-time, full- time, seasonal deckhands and we read the entire text of everything and I think it is unnecessary. First of all, we want people to attend these meetings, at least I do, I would like to see much more of the community in attendance at Town Board meetings, so we have got to move it along and make the meetings not quite as repetitive. And there is nothing to make these resolutions no matter whose wonderful voice reads them, so they are just boring. They are just like repetitive and boring and interminable. So I would like to, since everything is (inaudible) and I checked with Betty that this doesn’t seem to be a legal related issue, why don’t we just read the first part of a resolution or try to summarize them. If at all possible, maybe we could combine some of the resolutions in terms of the Fishers Island hiring of deckhands into one resolution, I don’t know if that would have been possible but I would like the Board to consider making the meeting somewhat livelier and I think some of these recommendations might help to achieve that. Thank you. July 1, 2008 Page 8 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Thank you very much. If you think they are boring for you, welcome to my world. Would anybody else like to address the Town Board on any of the agenda items? (No response) Hearing none. COUNCILMAN ORLANDO: I think we would like to shorten them up, too. We would not be offended at all. V. Resolutions 2008-628 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated 7/1/08 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby July 1, 2008. ? Vote Record - Resolution RES-2008-628 ? 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 2008-629 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting July 15, 2008 7:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 15, 2008 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ? Vote Record - Resolution RES-2008-629 ? 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 July 1, 2008 Page 9 Minutes Southold Town Board Meeting 2008-630 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Increase FIFD Salary -- Matthew Lynch WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 7, 2008 meeting to increase the hourly rates of pay for full-time Ferry Captain Matthew Lynch, and WHEREAS the Town Board of the Town of Southold is required to approve all pay rate changes for employees of the Fishers Island Ferry District, now therefore be it RESOLVEDincreases the hourly rates that the Town Board of the Town of Southold hereby of pay to $22.00 for full-time Ferry Captain Matthew Lynch of the Fishers Island Ferry District, effective May 29, 2008. ? Vote Record - Resolution RES-2008-630 ? 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 2008-631 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Suffolk County Historical Society to Use the Following Roads and Town Beaches for Its Bicycle Run on Sunday, September 14, 2008 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Suffolk County Historical Society to use the following roads and town beaches for its bicycle run on Sunday, September 14, 2008 beginning at 8:30AM in Riverhead, heading east into Southold: Sound Avenue to Southold Town Beach continuing to Greenport’s Main Road; July 1, 2008 Page 10 Minutes Southold Town Board Meeting return trip via Main Road (Route 25) west to Bay Avenue in Mattituck to Peconic Bay Boulevard into Riverhead, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-631 ? 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 2008-632 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Resignation of Bruno Semon RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Bruno Semon from the position of Senior Site Plan Reviewer in the Planning Department , effective July 4, 2008. ? Vote Record - Resolution RES-2008-632 ? 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 2008-710 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Police Officers William Brewer and Thomas Hudock to Attend the Annual Training Conference for the State of New York Police Juvenile Officers Association July 1, 2008 Page 11 Minutes Southold Town Board Meeting RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officers William Brewer and Thomas Hudock to attend the State of New York Juvenile Officers Association Annual Training Conference commencing on Sunday, August 24 through Friday, August 29, 2008 in Ithaca, New York. All expenses for travel, accommodations and miscellaneous expenses to be a legal charge to the 2008 Juvenile Aid Budget line - A.3157.4.600.200. Travel to be by Department vehicle. ? Vote Record - Resolution RES-2008-710 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? ??Albert Krupski Jr. Voter Withdrawn ?????????? Supervisor's Appt Thomas H. Wickham Seconder ?? Tax Receiver's Appt ???????? Louisa P. Evans Initiator ?? Rescinded ???????? Scott Russell Voter Next: Jul 15, 2008 7:30 PM 2008-634 CATEGORY: Surplus Equip - Non Usable DEPARTMENT: Police Dept Surplus Vehicles - Police WHEREAS, no bids were received for the following vehicles located on Fishers Island: 1992 Ford - 2FACP72WONX206520 - 98,991 miles 1995 Chevrolet - IGIBL52P25R1532557 - unknown mileage now therefore be it RESOLVEDdeclares the above listed that the Town Board of the Town of Southold hereby vehicles to be unusable surplus equipment and should be disposed of. ? Vote Record - Resolution RES-2008-634 ? 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 2008-635 CATEGORY: Close/Use Town Roads July 1, 2008 Page 12 Minutes Southold Town Board Meeting DEPARTMENT: Town Clerk Grant Permission to the New Suffolk Civic Association to Use the Following Roads for Its Annual Independence Day Parade in New Suffolk on Friday, July 4, 2008 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby New Suffolk Civic Association to use the following roads for its Annual Independence Day Parade in New Suffolk on Friday, July 4, 2008 beginning at 10:30 AM: Old Harbor Road, Tuthill Road, New Suffolk Road, Fifth Street, Main Street, First Street and Town Beach, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley immediately upon approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-635 ? 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 2008-636 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - Assessors Fiscal Impact: This modification is requested to purchase an appraisal software. With the volume of grievances filed this year, we will no longer be able to do all the workups for Small Claims as we have been doing in the past. This program will aid in the process. RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Town, General Fund budget, as follows: TO : A.1680.2.400.520 Data Processing $400.00 Personal Computer Service FROM : July 1, 2008 Page 13 Minutes Southold Town Board Meeting A.1355.4.500.200 Board of Assessors $400.00 Fees for Service Appraisals ? Vote Record - Resolution RES-2008-636 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-637 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the North Fork Country Club’s “Two Day Member Guest Golf Tournament” in Cutchogue for a Limited Closure Moore’s Lane, Cutchogue on Friday, July 18 and Saturday, July 19, 2008 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby North Fork Country Club’s “Two Day Member Guest Golf Tournament” in Cutchogue for a limited closure Moore’s Lane, from the Main Road to the southerly line of the “Country Club Estates” subdivision, total closure from that southerly point south to the northern line of the William Tyree land parcel, and limited closure from that point south to the intersection of Moores Lane and New Suffolk Avenue (closures would permit access to residents of Moores Lane and “Country Club Estates”), beginning on Friday, July 18, 2008 from 7:00 AM to 6:00 PM and Saturday, July 19, 2008 from 7:00 AM to 3:30 PM provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley immediately upon the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-637 ? 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 July 1, 2008 Page 14 Minutes Southold Town Board Meeting 2008-638 CATEGORY: Employment - Town DEPARTMENT: Accounting Extend Part-Time Food Service Worker Donna Goodale to Full-Time for an Additional 30 Days WHEREAS the return to work date for a full-time Food Service Worker in the Human Resource Center who has been out of work on sick leave since May 1, 2008 due to a medical condition is unknown, and WHEREAS the Town Board has determined that it is the best interest of the Town to further extend the hours of the part-time Food Service Worker to full-time while said full-time Food Service Worker is out of work on sick leave, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby extends the hours of Food Service Worker Donna Goodale to full-time for an additional 30-day period commencing July 3, 2008 and be it further RESOLVED that the Town Board of the Town of Southold hereby extends the hourly rate of pay change to $13.7255 for Food Service Worker Donna Goodale for an additional 30 day period commencing July 3, 2008. ? Vote Record - Resolution RES-2008-638 ? 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 2008-639 CATEGORY: Budget Modification DEPARTMENT: Accounting Appropriate Grant from Lions Club of Mattituck July 1, 2008 Page 15 Minutes Southold Town Board Meeting WHEREAS the Lions Club of Mattituck has made a donation of $2,500 to the Town of Southold for the restoration of Strawberry Fields, and WHEREAS the Town Board has determined that it is in the best interest of the Town to appropriate the aforementioned donation for restoration of said Strawberry Fields, now therefore be it RESOLVEDincreases the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town Budget as follows: Revenues: A.2705.40 Gifts & Donations, Other $2,500 Appropriations: A.1620.4.400.200 Buildings & Grounds, C.E. Property Maintenance & Repairs $2,500 ? Vote Record - Resolution RES-2008-639 ? 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 2008-640 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway Fiscal Impact: As Superintendent of Highways, I hereby request that the following budget modification be approved in order to transfer $1,000.00 into the Highway Fund Brush & Weeds/Miscellaneous Safety Gear line from the Landscaping Materials line. The below-described transfer is necessitated due to the fact that I must purchase chain saw leg protection gear due to NYS OSHA requirements. RESOLVEDmodifies the 2008 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows : July 1, 2008 Page 16 Minutes Southold Town Board Meeting To: DB.5140.4.100.700 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Safety Gear $ 1,000.00 From: DB.5140.4.100.900 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Landscaping Materials $ 1,000.00 ? Vote Record - Resolution RES-2008-640 ? 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 2008-641 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept the Resignation of Allie Raridon, the Island Peoples Project Representative, from the Fishers Island Harbor Committee, Effective Immediately, and Appoint Trudi Edwards to Fill the Vacancy RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Allie Raridon, the Island Peoples Project representative, from the Fishers Island Harbor Committee , effective immediately, and be it FURTHER RESOLVED hereby appoints that the Town Board of the Town of Southold Trudi Edwards to fill the vacancy created by Allie Raridon’s resignation, effective immediately through March 31, 2009. ? Vote Record - Resolution RES-2008-641 ? 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 July 1, 2008 Page 17 Minutes Southold Town Board Meeting 2008-642 CATEGORY: Grants DEPARTMENT: Town Clerk NYSDOT Master Grant Agreement RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A Russell to execute the Master Grant Agreement proposed by the NYSDOT, on behalf of the Fishers Island Ferry District, which includes the following: ?? PIN 0913.10 Purchase Snow Removal Equipment ?? PIN 0913.11 Apron and Taxiway Stub (Construction) ?? PIN 0913.12 Purchase Snow Removal Equipment ?? PIN 0913.13 Airfield Lighting Design ?? PIN 0913.14 Airfield Lighting Construction RESOLVEDexecute SEQR forms in association with Be it further that the Town of Southold each project. ? Vote Record - Resolution RES-2008-642 ? 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 2008-643 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Peconic Land Trust - Stewardship Agreement 2008 RESOLVEDengages the professional that the Town Board of the Town of Southold hereby services of the Peconic Land Trust, Inc. to perform Stewardship Services related to the Town's land preservation efforts and authorizes the Supervisor to sign the agreement between the Peconic LandTrust and the Town of Southold , subject to the review of the Town Attorney. Compensation shall not exceed ten thousand dollars ($10,000.) and the contract July 1, 2008 Page 18 Minutes Southold Town Board Meeting term shall run for July 1, 2008 to December 31, 2008. ? Vote Record - Resolution RES-2008-643 ? 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 2008-644 CATEGORY: Grants DEPARTMENT: Land Preservation The Nature Conservancy Stackler Grant $325,000 RESOLVEDauthorizes and directs Supervisor that the Town Board of the Town of Southold Scott A. Russell to execute the Grant Agreement and Notice of Grant Agreement with The Nature Conservancy for acceptance of $325,000 in grant funding towards the purchase of the part of the “Stackler” property identified as SCTM #1000-53-1-18, located in Pipe’s Cove , Greenport, New York, subject to review by the Town Attorney. The purpose of this Grant is to fund 32.6% of the cost of the purchase by the Town of Southold of the 10.256 acre parcel being a part of the “Stackler” property acquired for conservation and passive recreation purposes pursuant to the Town’s Community Preservation Fund Program. ? Vote Record - Resolution RES-2008-644 ? 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 2008-645 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Amendment of Agreement with the Suffolk County Office of the Aging for Community Services for the Elderly Residential Repair Program July 1, 2008 Page 19 Minutes Southold Town Board Meeting RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Amendment of Agreement with the Suffolk County Office of the Aging for community services for the Elderly Residential Repair Program , IFMS No. SC EXE 08000000605 from April 1, 2006 through March 31, 2009, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-645 ? 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 2008-646 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Lump Sum Consultant Agreement for Planning Services Between the Town of Southold and C&S Engineers, Inc. in the Amount of $80,017.25 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Lump Sum Consultant Agreement for planning services between the Town of Southold and C&S Engineers, Inc. in the amount of $80,017.25 in connection with Project No. 3-36-0029-15-08 for the Airport Layout Plan at Elizabeth Field Airport, Fishers Island, New York, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-646 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-647 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Employee Leave of Absence July 1, 2008 Page 20 Minutes Southold Town Board Meeting RESOLVEDgrants a personal leave of that the Town Board of the Town of Southold hereby absence, without pay, to an administrative employee from August 18, 2008 through August 29, 2008. ? Vote Record - Resolution RES-2008-647 ? 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 2008-648 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Seasonal Laborer Ian Zuhoski RESOLVEDappoints Ian Zuhoski to that the Town Board of the Town of Southold hereby the position of a Seasonal Laborer for the Department of Public Works, effective July 3, 2008, at a rate of $13.52 per hour. ? Vote Record - Resolution RES-2008-648 ? 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 2008-649 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH Cell Tower WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “Temporary County, New York, on the 1st day of July, 2008, a Local Law entitled, July 1, 2008 Page 21 Minutes Southold Town Board Meeting Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th 29 day of July, 2008, at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. “Temporary Moratorium on the Processing, Review of, The proposed Local Law entitled, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold ” reads as follows: LOCAL LAW NO. _ __ of 2008 Temporary Moratorium on the Processing, Review of, and making A Local Law entitled, “ Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold ”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town’s other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past July 1, 2008 Page 22 Minutes Southold Town Board Meeting planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town’s historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. On July 31, 2007, the Town of Southold adopted a 180-day moratorium on all new wireless communication facilities. The Town Board intended to use the time to formulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the initial moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants to work with the Town. In January 2008, the Town Board extended the moratorium an additional 180 days. It was anticipated that the report and recommendations of the consultant would be finalized in the Spring, however the Town presently has only a draft that includes recommendations on code amendments. The Town Board and the Planning staff will require additional time to review the draft recommendations, hold a public hearing on proposed code amendments and enact a Local Law. It is anticipated that this can be accomplished with an additional one hundred and eighty (180) day extension of the moratorium. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days beyond the expiration period. This will provide the Town adequate time to examine the consultant recommendations, and draft and adopt necessary code amendments. II. A new Article XXX of Chapter 280 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE XXX Moratorium §280-165. Enactment of Temporary Moratorium. For a period of One Hundred 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 and subject to any other Local Law adopted by the Town Board during the One Hundred Eighty (180) Day period: 1) The Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally- July 1, 2008 Page 23 Minutes Southold Town Board Meeting enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-b and Chapter 280 of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 3) The Building Inspector shall not accept for review, continue review or make any determination upon any application for a building permit proposing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a, Chapter 280 and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing and the rendering of determinations. The statutory and locally- enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. §280-166. Application. This Local Law shall apply to ALL [new or pending] applications for site plans or special exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town July 1, 2008 Page 24 Minutes Southold Town Board Meeting of Southold. §280-167. Exclusions. This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this Local Law. 2) Applications for co-location of wireless telecommunication facilities inside a permitted tower, with no component parts visible from the exterior. §280-168. Conflict with State Statutes and Authority to Supersede. To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town’s municipal home rule powers, pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3); §10(1)(ii)(a)(14) and §22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §274-a, §274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. §280-169. Appeal Procedures. a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the July 1, 2008 Page 25 Minutes Southold Town Board Meeting range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board 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. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-649 ? 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 2008-650 CATEGORY: Legislation DEPARTMENT: Town Attorney Authorize to Send to STPB & SCPD - Cell Towers July 1, 2008 Page 26 Minutes Southold Town Board Meeting RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward the proposed Local Law entitled, "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold”", to the Southold Town Planning Board and the Suffolk County Planning Commission for comments and recommendations. ? Vote Record - Resolution RES-2008-650 ? 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 2008-651 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Authorizes Scott A. Russell to Accept the Proposal of Andrew Stype Realty, Inc. Dated June 30, 2008, Relating to the Preparation of an Appraisal of the Property Located at 1005 County Route 48, Mattituck RESOLVEDauthorizes Scott A. Russell that the Town Board of the Town of Southold hereby to accept the proposal ofAndrew Stype Realty, Inc. dated June 30, 2008, relating to the preparation of an appraisal of the property located at 1005 County Route 48, Mattituck , also known as SCTM #1000-113-12-14. ? Vote Record - Resolution RES-2008-651 ? 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 2008-652 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney July 1, 2008 Page 27 Minutes Southold Town Board Meeting Authorizes and Directs Supervisor Scott A. Russell to Execute the Software Purchase and Services Agreement Between the Town of Southold and Business Automation Services, Inc RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Software Purchase and Services Agreement between the Town of Southold and Business Automation Services, Inc. in connection with the tax collection software upgrade, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-652 ? 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 2008-653 CATEGORY: Employment - Town DEPARTMENT: Recreation Lifeguard Replacement WHEREAS Lifeguard Benjamin Johnson worked for 2 days and subsequently informed the Town that he does not desire to be employed as a Lifeguard, now therefore be it RESOLVEDterminates the summer that the Town Board of the Town of Southold hereby employment of Lifeguard Benjamin Johnson effective June 29, 2008, and be it further RESOLVEDappoints Conor Corridan that the Town Board of the Town of Southold hereby th to the position of Lifeguard for the Recreation Department at a rate of 13.27 per hour (5 year rate) for the period July 2 - September 1, 2008. July 1, 2008 Page 28 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-653 ? 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 2008-654 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney NYS DOT FAA Capital Project F.I. WHEREAS, this Resolution shall authorize the acceptance of a grant offer from the New York State Department of Transportation (NYSDOT) for work at the Elizabeth Field Airport described as, Acquire Snow Removal Equipment, PIN 0913.10 (2003); Apron Construction, PIN 0913.11 (2004); Acquire Snow Removal Equipment, PIN 0913.12 (2006); Airfield Lighting, etc., PIN 0913.13 (2006); Install Airfield Lighting for RW’s 7-25, etc., PIN 0913.14 (2007); and WHEREAS, the NYSDOT has offered a matching grant to the federal grant for each PIN above noted; and WHEREAS, the Town of Southold desires to advance the Project by committing funds for the local match, the funding shares being (0913.10) federal (FAA): $150,000; State $8,334; Local $8,333; and Total $166,667; and WHEREAS, the Town of Southold desires to advance the Project by committing funds for the local match, the funding shares being (0913.11) federal (FAA): $477,850; State $12,575; Local $12,575; and Total $503,000; and WHEREAS, the Town of Southold desires to advance the Project by committing funds for the local match, the funding shares being (0913.12) federal (FAA): $88,350; State $2,325; Local $2,325; and Total $93,000; and WHEREAS, the Town of Southold desires to advance the Project by committing funds for the local match, the funding shares being (0913.13) federal (FAA): $80,750; State $2,125; Local $2,125; and Total $85,000; and WHEREAS, the Town of Southold desires to advance the Project by committing funds for the local match, the funding shares being (0913.14) federal (FAA): $1,042,000; State July 1, 2008 Page 29 Minutes Southold Town Board Meeting $27,421; Local $27,421; and Total $1,096,842; and WHEREAS, if the Town of Southold and/or the FAA notifies the NYSDOT that the Town has requested and received an increase in Federal funding for the Project based on increased eligible costs, the State share noted above shall be increased proportionately up to a maximum increase of 15%. NOW, THEREFORE , the Town Board of the Town of Southold does hereby RESOLVED, that the Town Board of the Town of Southold hereby approves the subject Project; and it is hereby further RESOLVED,authorizes and that the Town Board of the Town of Southold hereby directs Supervisor Scott A. Russell to execute all necessary Agreements on behalf of the Town of Southold with NYSDOT in connection with the Project ; and it is further RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED, that this Resolution shall take effect immediately. ? Vote Record - Resolution RES-2008-654 ? 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 2008-655 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/General Wayne Inn Zone Change SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning District Designation of p/o SCTM #1000-89-3-1.1 from Hamlet Business (HB) and Agricultural Conservation (AC) to R-80” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and July 1, 2008 Page 30 Minutes Southold Town Board Meeting issues a Negative Declaration for the action in accordance with the recommendation of Nelson, Pope & Voorhis, LLC dated June 10, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record - Resolution RES-2008-655 ? 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 2008-656 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Regulations Governing Farm Stands SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Regulations Governing Farm Stands” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated June 30, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record - Resolution RES-2008-656 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Initiator ?? Rescinded 2008-657 CATEGORY: Employment - Town DEPARTMENT: Town Clerk July 1, 2008 Page 31 Minutes Southold Town Board Meeting Increase the 2008 Crossing Guards’ Rate RESOLVEDincreases the rate of pay that the Town Board of the Town of Southold hereby for School Crossing Guards effective September 1, 2008 as follows: st Crossing Guard 1 Rate from $34.29 to $70.00 per day nd Crossing Guard 2 Rate from $45.09 to $90.00 per day ? Vote Record - Resolution RES-2008-657 ? 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 2008-658 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Ph 7/29/08 @ 4:40 Pm a Local Law in Relation to Amendments to Inclusionary Zoning Requirements in the Code of the Town of Southold WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in Relation County, New York on the 1st day of July, 2008, a Local Law entitled to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold”, now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold New York on the 29th day of July, 2008 at 4:40 p.m., at which time all interested persons will be given an opportunity to be heard. “A Local Law in Relation to amendments to Inclusionary Zoning This proposed requirements in the Code of the Town of Southold”, reads as follows: July 1, 2008 Page 32 Minutes Southold Town Board Meeting Local Law No. ________2008 Section 1. Purpose- The Town Board of the Town of Southold enacted legislation in 2004 requiring developers of a standard subdivision to include provisions for affordable housing in the subdivision. Since that time, no affordable homes have been built pursuant to the requirement, as developers have pursued other options. This Town Board has taken a hard look at the original legislation, and considered feedback from the Planning Department in preparing these amendments. The purpose of this legislation is to advance the goal of increasing housing opportunities for families and individuals in the Town of Southold, while at the same time providing greater flexibility for the subdivision applicant so that these goals can be realized. The law will reduce the required set-aside to 20% to be more consistent with the national standard. The law will allow for a buy-out of the requirement, with the funds being deposited into the Housing Fund to create housing opportunities elsewhere in Town. One possible option would be the provision of loans from the buy-out funds to assist residents to buy into existing housing stock. The law provides for phasing of construction to ensure that homes required to be built pursuant to the requirement are actually constructed, and are of the same appearance and quality of other homes in the subdivision. This Local Law changes the “priority” groups used to determine eligibility for the Town housing programs. It increases the residency requirement to three years, and provides additional priority groups for age-restricted (age 55 and over) affordable housing administered through the Town. The original legislation was prompted by the rapid escalation of real estate prices (129% increase in five years). Although the escalation of home sales has abated, the Town Board finds that affordable housing is still a crisis for local residents. Suffolk Research Services, Inc. reported that the median sales price for single-family homes in the Town of Southold was $510,000 for 2007 and decreased to $485,000 for the first quarter of 2008. The decrease is likely partially attributable to the sale of 22 below-market homes in The Cottages. There are currently more than 300 households on the Town’s housing registry. Incomes of local residents in need of affordable housing have not kept pace with housing prices, despite their decline. The Town Board finds that these changes are necessary to further the goals of providing a range of affordable housing within the Town. Section 2.Code Amendment. Chapter 240 of the Code of the Town of Southold is hereby amended as follows: § 240-10 B. (2) Standard Subdivision. (c) Affordable housing requirement. Every new standard residential subdivision involving the creation of five or more lots shall comply with the requirements herein to provide affordable housing. Twenty [1] Twenty-five percent of the lot yield as determined pursuant to § 240- 10B(2)(a) and (b) shall be set aside as moderate-income family dwelling units (MIFDU), as defined, created and administered under the provisions of the Affordable Housing July 1, 2008 Page 33 Minutes Southold Town Board Meeting District, §§ 280-24 through 280-33 of this Code. Each MIFDU shall be created subject to covenants and restrictions as set forth at § 280-30 or through another mechanism approved by the Town Board that will keep units perpetually affordable. The number of MIFDU units required in a subdivision shall be rounded up to the next whole number. [2] Upon application to the Planning Board, the requirement to build 20% of the total number of units as MIFDUs in the subdivision may be waived. This requirement may be waived only upon applicant’s choosing any one or combination of the following options pursuant to a plan that is acceptable to the Planning Board and furthers the goals for creating a variety of affordable housing opportunities within the Town. In satisfaction of the requirement to create 25% MIFDU units, the standard subdivision applicant shall be required to construct no less than 10% of the total yield as MIFDU units in the subdivision. All subdivisions shall have at least one constructed MIFDU unit within the subdivision. The remaining required units shall be provided by the applicant in any of the following ways: [a] The applicant may construct dwelling units in the subdivision equal in number to the remaining percentage, thereby providing a total of 25% of the yield of the subdivision as MIFDU units. If this option is chosen, the applicant will receive an increased density of one additional lot per MIFDU lot created in excess of 10% under this option. The additional lots shall be built in the subdivision and shall be MIFDU units. For each additional lot created as part of the increased density pursuant to this option, the developer shall pay a sum representing the cost of development rights equal to the number of additional units created. This sum shall be set annually by Town Board resolution and shall be based on the average cost of development rights purchased by the Town in the previous year. The resolution in effect at the time of the preliminary plat hearing shall determine the sum to be paid under this section. This amount shall be paid to the Community Preservation Fund to be used according to the terms of the Fund. Alternatively, in lieu of payment, the developer may extinguish an equivalent number of development rights on another parcel in Town, in a form approved by the Town Attorney. [ab] The applicant shall pay a sum to the Town of Southold Housing Fund. The sum shall be based on the number of required MIFDU lots not constructed in the subdivision. The per unit sum shall be set annually by resolution of the Town , Board and shall consider factors such as the average cost of building lots and and median income costs of construction in the Town of Southold. [b] The applicant may build all of the units in another location within the Town of Southold. [c] The applicant may provide property with development rights equal to the July 1, 2008 Page 34 Minutes Southold Town Board Meeting number of the required MIFDU units not constructed in the subdivision, to the Town of Southold Housing Fund, North Fork Housing Alliance, Community Land Trust of Southold Town, or other similar organization approved by the Town Board for the sole purpose of developing affordable housing on the site. The property must be acceptable to the recipient as a viable site for affordable housing development, and proof of same must be provided to the Planning Board during preliminary plat review. this is chosen and a waiver of the requirement to build [d] If the option MIFDUs in the subdivision is approved, provided in Subsection B(2)(c)[2][b] or [c] is chosen, the applicant may build any remaining allowed lots in the subdivision, and they shall not be required to be MIFDU units. [3] Fee Waiver. An applicant shall receive a waiver of all application fees, building permit fees, plan review fees, inspection fees, park and playground fees and such other development fees and costs attributable to the MIFDUs built in the subdivision. A waiver may not be granted for Sanitary Flow Credits purchased pursuant to the provisions of Chapter 117. [4] Phasing of Construction. The applicant shall provide to the Planning Board a phasing plan that provides for the timely and integrated development of the affordable housing units as the subdivision is built out. The phasing plan shall provide for the development of the MIFDUs concurrently with the market rate units. Building permits shall be issued for dwelling units within the subdivision based on the phasing plan. The phasing plan may be adjusted by the Planning Board when necessary in order to account for different financing and funding environments, economies of scale, and infrastructure needs applicable to the development of the market rate and the MIFDUs. The phasing plan shall also provide that the MIFDUs shall not be the last units to be developed in the applicable subdivision. [5] Exterior Appearance. The exterior appearance of the MIFDUs shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in type and quality for MIFDUs and market rate units. [6] Appeal. A developer of any project subject to the requirements of this chapter may appeal to the Town Board for a reduction, adjustment or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of fee charged or the inclusionary requirement. Section 3Code Amendment. . Chapter 280 of the Code of the Town of Southold is hereby amended as follows: July 1, 2008 Page 35 Minutes Southold Town Board Meeting § 280-25. Definitions. For the purpose of this article, the following terms, phrases and words shall have the following meanings: ASSET- Includes real property holdings and equity, personal property (car, boat, etc.) valued in excess of $10,000, savings, cash, IRA’s, 401k, and any federally recognized tax deferred vehicles. HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purposes of determining income eligibility and rent. HOUSEHOLD - The family and live-in-aide, if applicable. PRIMARY RESIDENCE- The address listed on a person’s Federal Income Tax return. § 280-30. General regulations and requirements. (non- age restricted) C. Eligibility. In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shall be grouped on a priority basis, and a lottery system will be administered by the Special Projects Coordinator within each group in a formula acceptable to the Town Board. The priority groups are as follows: (1) Income eligible individuals or families who have lived and worked in the Town of in the same school district as the dwelling unit or lot Southold for a period of at three s least one year prior to the submission of their application. (2) Income eligible individuals or families who have lived in the Town of Southold for a period of at least three years prior to the submission of their application. (3) Income eligible individuals/families who have been employed in the Town of Southold for a period of at least one year prior to the submission three years of their application. (4) Income eligible individuals/families who previously lived for a minimum of one three years year in the Town of Southold and wish to return. (5) To all other eligible applicants. D. Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or lease of dwelling units and unimproved lots in an age-restricted community shall be reserved for moderate-income families in the following order of priority: (1) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a July 1, 2008 Page 36 Minutes Southold Town Board Meeting period of at least five (5) years prior to the submission of the application, and do not own real estate. Household annual income may not exceed 80% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (2) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and do not own real estate. Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (3) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and who will be divested of all real estate holdings within 90 days of the contract execution with project sponsor (such 90 day period may be extended by resolution of the Town Board). Household annual income may not exceed 80% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (4) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and who will be divested of all real estate holding within 90 days of the contract execution with project sponsor (such 90 day period may be extended by resolution of the Town Board). Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (5) Income eligible individuals or families where the head of household is age 55 or over, who have had a residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and who will be divested of all real estate holding within 90 days of the contract execution with project sponsor. Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (6) Other income eligible applicants age 55 or over whose household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. Section 4. Severability . If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof July 1, 2008 Page 37 Minutes Southold Town Board Meeting other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2008-658 ? 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 2008-659 CATEGORY: Planning DEPARTMENT: Town Attorney Direct the Town Clerk to Forward the Proposed Local Law Entitled, "A Local Law in Relation to Amendments to Inclusionary Zoning Requirements in the Code of the Town of Southold", to the Southold Town Planning Board and the Suffolk County Planning Commission for Comments and Recommendations. RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward the proposed Local Law entitled, "A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold", to the Southold Town Planning Board and the Suffolk County Planning Commission for comments and recommendations. ? Vote Record - Resolution RES-2008-659 ? 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 2008-660 CATEGORY: Property Usage DEPARTMENT: Town Attorney Peconic Transfer Station July 1, 2008 Page 38 Minutes Southold Town Board Meeting WHEREAS the Town Board of the Town of Southold received an application for a Transfer Station Permit pursuant to Chapter 233 of the Town Code filed by the Peconic Recycling & Transfer Corp. (hereinafter the “Applicant”) on April 23, 2007 for a transfer station on a parcel of property located at 560 Commerce Drive, Cutchogue, also known as SCTM#1000-95-2-5; and WHEREAS the Town Board referred the application to the Planning Department and Town Attorney, and extensive review of the application was conducted; and WHEREAS the Applicant, after discussions with the Town Board, voluntarily reduced the tonnage proposed to be handled at the facility to 240 tons per day of Municipal Solid Waste (MSW) and 240 tons per day of Construction &Demolition debris (C&D); and WHEREAS the applicant has agreed to continue to pickup residential bag waste in Town “yellow bags” only, which furthers the successful “Pay as You Throw” policy of the Town and encourages recycling, in compliance with the Town Solid Waste Management Plan; and WHEREAS the Planning Board, as Lead Agency, conducted an extensive SEQRA review of the proposed project and issued a Negative Declaration dated June 16, 2008. The Negative Declaration included findings that the project conforms to the requirements for a Special Permit in the LIO zone, that the traffic impacts will be moderate, and includes a specific acceptable route plan for truck traffic designed to minimize the impact on residential streets; and WHEREAS the applicant provided an acceptable emergency contingency plan, which was included in the SEQRA review performed by the Planning Board; and WHEREAS public hearings were held on the application before the Town Board on December 4, 2007 and June 17, 2008, at which time the public was given the opportunity to be heard; and WHEREAS the Town Board retained a consultant to review the Town Solid Waste Management Plan and the application for conformance; and it is hereby July 1, 2008 Page 39 Minutes Southold Town Board Meeting RESOLVED by the Town Board of the Town of Southold that the public hearing is closed; and be it further RESOLVED by the Town Board of the Town of Southold that the proposed project is consistent with the LWRP and the Town Solid Waste Management Plan; and be it further RESOLVEDAPPROVES the grant of a that the Town Board of the Town of Southold hereby Transfer Station Permit pursuant to Chapter 233 of the Town Code. The permit is valid only for daily tonnage of 240 tons per day of Municipal Solid Waste and 240 tons per day of C&D. These limits, and all other terms of this permit, may be reviewed from time to time by the Town Board and may be amended to ensure consistency with the Town Solid Waste Management Plan. The Town Clerk shall not release the permit until the applicant produces a valid transfer station operating permit issued by the New York State Department of Environmental Conservation. The permit shall not be transferable, and shall run for the same duration as the NYS DEC permit. ? Vote Record - Resolution RES-2008-660 ? 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 2008-661 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Ratifies and Approves the Memorandum of Agreement Dated June 3, 2008 Between the Town of Southold and the CSEA, Ratified by the CSEA on June 26, 2008 RESOLVEDratifies and approves the that the Town Board of the Town of Southold hereby Memorandum of Agreement dated June 3, 2008 between the Town of Southold and the CSEA, ratified by the CSEA on June 26, 2008 , concerning the parties’ Collective Bargaining Agreement. July 1, 2008 Page 40 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-661 ? 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 2008-662 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Approves the Memorandum of Agreement Dated June 29, 2008, Between the Town of Southold and the CSEA RESOLVEDapproves the that the Town Board of the Town of Southold hereby Memorandum of Agreement dated June 29, 2008, between the Town of Southold and the CSEA , concerning the settlement of a grievance. ? Vote Record - Resolution RES-2008-662 ? 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 2008-663 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 7/29/08 @ 4:45 Pm Parking Restrictions in NS WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in relation County, New York, on the 1st day of July, 2008 a Local Law entitled to Parking Restrictions in the Hamlet of New Suffolk” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the July 1, 2008 Page 41 Minutes Southold Town Board Meeting th 29 day of July, 2008 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Parking Restrictions in the The proposed Local Law entitled, Hamlet of New Suffolk” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to Parking Restrictions in the Hamlet of A Local Law entitled, New Suffolk” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – Parking associated with the public’s use of the Town beach and boat ramp in the hamlet of New Suffolk has resulted conditions that impact the public health, safety and welfare venue and Marlene Lane. These conditions consist of undue congestion, restrictions on access and maneuverability, as well as potentially dangerous traffic impacts. Accordingly, it is necessary to impose a range of parking limitations in the hamlet of New Suffolk to protect the welfare of the residents of the Town, and restrict the public’s ability to block the ordinary flow of traffic and the orderly use of Town facilities by Town residents. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-4. Stop intersections with stop signs . The following highway intersections are hereby designated as stop intersections and stop signs shall be erected as follows: Stop Sign on Direction of Travel At Intersection Location With (hamlet) First Street North Jackson Street New Suffolk First Street South Jackson Street New Suffolk Jackson Street North New Suffolk Avenue New Suffolk Third Street North Jackson Street New Suffolk Third Street South Jackson Street New Suffolk § 260-6. Yield intersections. July 1, 2008 Page 42 Minutes Southold Town Board Meeting The following highway intersections are hereby designated as yield intersections and yield signs shall be erected as follows: Jackson Street North New Suffolk Avenue New Suffolk Third Street North Jackson Street New Suffolk Third Street South Jackson Street New Suffolk § 260-8. Parking Prohibited at all times . The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates “no parking”: Name of Street Side Location Jackson Street Both At New Suffolk, from the intersection of First Street westerly to the intersection of Fourth Street §260-8A. Trailer Parking Prohibited at all times. The parking of trailers and the parking of vehicles with trailers is hereby prohibited at all times in any of the following locations and at any other location where signage indicates “no trailer parking”: Hamlet of New Suffolk Name of Street Side Location Fifth Street Both From the intersection with Main Street To the southerly terminus of Fifth Street First Street Both From the intersection with Orchard Street To the southerly terminus of First Street Fourth Street Both From the intersection with Orchard Street To the intersection with King Street Fourth Street West From the intersection with King Street To the intersection with Main Street Fourth Street Both From the intersection with Main Street July 1, 2008 Page 43 Minutes Southold Town Board Meeting To the southerly terminus of Fourth Street Jackson Street Both From the intersection with Fifth Street to The intersection with First Street King Street Both From the intersection with New Suffolk Road To the easterly terminus of King Street Main Street Both From the intersection with New Suffolk Road Easterly to the intersection with First Street New Suffolk Road Both From the intersection with Orchard Street To the intersection with Main Street Orchard Street Both From the intersection with New Suffolk Road To the easterly terminus of Orchard Street Second Street Both From the intersection with Orchard Street To the southerly terminus of Second Street Third Street Both From the intersection with Orchard Street To the intersection with King Street Third Street East From the intersection with King Street To the intersection with Main Street Third Street Both From the intersection with Main Street To the southerly terminus of Third Street § 260-11. Parking for limited time only. The parking of vehicles is hereby prohibited for a longer period of time than that designated, between the hours indicated, in any of the following locations: Name of Street Side Between the Time Limit Location Hours of First Street West At all times 15 mins. At New Suffolk, from the northerly intersection of Jackson Street, northerly for a distance of 150 feet First Street South At all times 15 mins. At New Suffolk, at the southerly terminus of First Street July 1, 2008 Page 44 Minutes Southold Town Board Meeting III. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: § 189-2. Designation of parking areas requiring permits: A. The following beach parking areas are hereby designated as Town of Southold “Parking by Southold Town Permit Only” areas: (7) Parking area adjacent to the bathing beach located at the terminus of First Street, Peconic Bay, New Suffolk, known as and referred to herein as “New Suffolk Beach.,” except the seven (7) larger parking spaces adjacent to Jackson Street are designated as areas limited to parking by vehicles with trailers bearing Town of Southold Resident or Lessee parking permits. IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-663 ? 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 2008-664 CATEGORY: Legislation DEPARTMENT: Town Attorney Hereby Authorizes and Directs the Town Clerk to Forward the Proposed Local Law Entitled “A Local Law in Relation to Parking Restrictions in the Hamlet of New Suffolk” to the Suffolk County Planning Commission and the Southold Town Planning Board for Their Review and Comments. RESOLVEDhereby authorizes and directs the that the Town Board of the Town of Southold July 1, 2008 Page 45 Minutes Southold Town Board Meeting Town Clerk to forward the proposed Local Law entitled “A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk” to the Suffolk County Planning Commission and the Southold Town Planning Board for their review and comments . ? Vote Record - Resolution RES-2008-664 ? 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 2008-665 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Settlement Agreement W/Employee RESOLVED approves an Agreement that the Town Board of the Town of Southold hereby dated June 18, 2008, with a certain employee settling potential disciplinary charges . ? Vote Record - Resolution RES-2008-665 ? 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 2008-666 CATEGORY: Enact Local Law DEPARTMENT: Town Attorney Change the Zoning District Designation of SCTM# 1000-89-3-1.1 from Hamlet Business (HB) and Agricultural Conservation (AC) to R-80 WHEREAS , the Town Board has made a motion to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-89-3-1.1 from Hamlet Business (HB) and Agricultural Conservation (AC) to R-80; and July 1, 2008 Page 46 Minutes Southold Town Board Meeting WHEREAS , the Local Law is entitled, “ A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-89-3-1.1 FROM HAMLET BUSINESS (HB) AND AGRICULTURAL CONSERVATION (AC) TO R-80”; and WHEREAS A PUBLIC HEARING WAS HELD ON July 1, 2008 at which time all interested persons were given the opportunity to be heard thereon, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: Local Law No. __6______of 2008 BE IT ENACTED, by the Town Board of the Town of Southold as follows: Section 1 . Legislative Intent. This Local Law proposes to change the zoning designation on a property that formerly was operated as a restaurant and inn. This historic use has been discontinued and the property has become deteriorated. The Hamlet Business zoning was applied to allow the inn to continue to operate, but such zoning designation is properly intended for higher-intensity commercial use in the hamlet business center. The subject property is embedded in a residential community far from the hamlet center. The Planning Board reviewed the zoning on the property, and recommends this amendment. The amendment is consistent with the comprehensive planning practiced in the Town, and serves to prevent the property from being developed in a manner incompatible with our planning efforts and the surrounding land uses. Section 2 . Enactment. Based on the goals and identified needs of the Town, and upon our consideration of the recommendation of the Planning Board, the environmental consultant retained by the Town and the public comment taken at the public hearing, we hereby change the zoning district designation for the parcel known as SCTM# 1000-89-3-1.1 from Hamlet Business (HB) and Agricultural Conservation (AC) to R-80. The property is approximately 3.4 acres and is located on the site of the former General Wayne Inn, Cedar Beach Road, Southold, New York. July 1, 2008 Page 47 Minutes Southold Town Board Meeting Section 3. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the change of zoning district designation for said parcel. Section 4. Severability . If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2008-666 ? 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 2008-711 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 7 of 2008 Farmstands ? Vote Record - Resolution RES-2008-711 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ?????????? Withdrawn Albert Krupski Jr. Voter ?? Supervisor's Appt ???????? Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Initiator ?? Rescinded ???????? Scott Russell Voter Next: Jul 15, 2008 7:30 PM 2008-668 CATEGORY: Property Usage DEPARTMENT: Town Clerk Designate the John B. Coleman House Located at SCTM 1000-71-2-10, 200 Harbor Lights Drive, Southold, New York, as Historic and Add to the Town’s Register of Historic Landmarks July 1, 2008 Page 48 Minutes Southold Town Board Meeting RESOLVEDdesignates the John B. that the Town Board of the Town of Southold hereby Coleman house located at SCTM 1000-71-2-10, 200 Harbor Lights Drive, Southold, New York, as historic and add to the town’s register of Historic Landmarks; all in accordance with Chapter 170 of the Southold Town Code, the recommendation for designation by the Southold Town Historic Preservation Commission, and acceptance of designation by property owners ? Vote Record - Resolution RES-2008-668 ? 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 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 5:09 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 1. Set PH 7/1/08 4:35 Pm CofZ - General Wanye COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: the Town Board has made a motion to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of p/o SCTM# 1000-89-3-1.1 from Hamlet Business (HB) and Agricultural Conservation (AC) to R-80; and NOTICE IS HEREBY FURTHER GIVEN , the Local Law is entitled, “A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF p/o SCTM # 1000-89-3-1.1 FROM HAMLET BUSINESS (HB) AND AGRICULTURAL CONSERVATION (AC) TO R-80”; AND NOTICE IS FURTHER GIVEN that pursuant to Section 265 of the Town Law and July 1, 2008 Page 49 Minutes Southold Town Board Meeting requirements of the Code of the Town of Southold, Suffolk County, New York, the Town Board will hold a public hearing on the aforesaid local law at the Southold of the Town of Southold Town Hall, 53095 Main Road, Southold, New York at 4:35 p.m., Tuesday, July 1, 2008. The purpose of this Local Law is to change the Zoning District Designation of p/o SCTM# 1000- 89-3-1.1 from Hamlet Business (HB) and Agricultural Conservation (AC) to R-80. The petitioner for this request is the Town Board of the Town of Southold. The property is approximately 3.4 acres and is located on the site of the former General Wayne Inn, Cedar Beach Road, Southold, New York. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately after filing with the Secretary of State as provided by law. ASSISTANT TOWN ATTORNEY CORCORAN: Actually it is currently HB and AC. It is being changed to R80. COUNCILMAN WICKHAM: I am sorry, that is right. It is currently Hamlet Business and AC, the change would make that a change to R80. I believe that this piece of property is where the General Wayne Inn stands and has for many years. I have other notices here, a notice from the Suffolk County Planning Department, Department of Planning. ‘Pursuant to the requirements of Chapter, section A1414 of the Suffolk County administrative code, this application which has been submitted to the Planning Commission is considered to be a matter of local determination as there is no apparent significant county wide or inter community impact.’ And I have a short environmental assessment for a list of actions filed and I have a recommendation here from Mark th Terry, the principal planner and the LWRP coordinator dated June 30. ‘The proposed local law has been reviewed according to Chapter 268 and the LWRP policy standards. Based upon the information provided, the recommendation: the policy is consistent with the policy standards and th therefore is consistent with LWRP.’ I have another memo dated June 25 from the chair of the Southold Town Planning Board. ‘The Planning Board has reviewed the proposed zone change th and supports it. Please see the attached memo from the Planning Board dated February 6 which includes a brief history of the parcels zoning designations and our recommendations’ and it is like a three or four page letter. I will just read very briefly at the end, the Planning Board recommendations at that time. ‘The Planning Board recommends changing the zone of the entire parcel to R80 residential based on the following findings. 1. The subject parcel is entirely surrounded by residential development and residential zoning. 2. The rezoning of this property is consistent with the zoning designation of the parcel surrounding on three sides. 3. The R80 zone designation will result in less intense and more compatible land uses than permitted in the current HB zoning district.’ I have a notice that it has appeared as a legal on the Town Clerk’s bulletin board and I have before me the copy from the Suffolk Times legals. Those are the only comments that I find in the file. July 1, 2008 Page 50 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Okay. I just want to clarify for everybody’s edification. This is about a little over 3 acres where the historic General Wayne stands in Southold. I had actually put that on the agenda several months ago to consider a change of zone. Currently, where the facility is, where the General Wayne is, it is zoned hamlet business. The property in the back is zoned AC. Back in 1989, when that zoning map was adopted, I think there was an effort to match the zoning to the use at that time. That building, where it still functional, might make sense to leave as HB to continue to allow someone to operate it, that building is beyond repair. It is no longer functional and to leave a hamlet business zoning in the middle of a sea of residential and preserved area makes no more sense than a residential parcel in the middle of the hamlet of Southold right in the business section. So, that is one of the little things that the Town Board needs to clean up from time to time. Would anybody like to address the Town Board on the issue of the rezoning? MELANIE NORDEN: Melanie Norden, Greenport. Actually, I don’t know anything about the background of this. This was something generated by the Town Board? SUPERVISOR RUSSELL: I had put it on the agenda, I would say almost a year ago. MS. NORDEN: Okay and does the current property owner have any intention of doing anything with the property? SUPERVISOR RUSSELL: The property right now sits with the County of Suffolk. They are the title holder. It was taken as a consequence of a tax sale. I don’t know if they will work with the previous owner to redeem the property but currently, under the tax roll, Suffolk County is the owner of record. MS. NORDEN: Okay. Since it is sited in a rather environmentally sensitive area, sort of in front of Cedar beach, I believe, have you considered preserving it? Purchasing it? SUPERVISOR RUSSELL: We certainly would, if that offer was made to the Town, we would certainly… MS. NORDEN: But you don’t have to have an offer. You can go after it. SUPERVISOR RUSSELL: No, you can’t. Not when the county owns it, under a redemption period. Everything would need to be done through resolution for the county of Suffolk. MS. NORDEN: Can you do that though? I mean, would you consider doing that? SUPERVISOR RUSSELL: It would depend on their redemption agreement with the previous owner. In other words, I don’t know how long they have given him to redeem taxes but we are aware of it. I have already talked to the county about, I already talked to our representative from the county parks about it, to make it park land. There was actually, someone had come out to me from the county about a year or so ago. I had proposed the idea of putting affordable housing July 1, 2008 Page 51 Minutes Southold Town Board Meeting there. I didn’t speak to the Board about it but I told the person at the time that is not a use that would be consistent with our issues or with our planning goals, which is the halo’s and that is so far outside the halo that affordable housing in that site probably wouldn’t work but certainly as a park they know we are certainly interested in that. MS. NORDEN: And have you spoken to Melissa and the Town Preservation Department? SUPERVISOR RUSSELL: No need to yet. We wouldn’t buy it from the county, they would offer it to us for use as a park. MS. NORDEN: So basically what happens is there is a redemption period and then the property is up for sale essentially? SUPERVISOR RUSSELL: It is up to the county and how they want to dispose of it. You know, everything is a county decision. MS. NORDEN: But could you notify the county that we are interested? SUPERVISOR RUSSELL: I already have. MS. NORDEN: Okay. Good. Thank you. SUPERVISOR RUSSELL: Okay. Would anybody like to address this issue? (No response) Okay, can I get a motion to close? RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 2. Set PH Farmstands 7/1/08 4:40 Pm COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the rd Town Board of the Town of Southold, Suffolk County, New York, on the 3 day of June, 2008 a “A Local Law in relation to Regulations Governing Farm Stands” Local Law entitled 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, st 1 day of July, 2008 at 4:40 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Regulations Governing Farm The proposed Local Law entitled, Stands” reads as follows: LOCAL LAW NO. OF 2008 July 1, 2008 Page 52 Minutes Southold Town Board Meeting “A Local Law in relation to Regulations Governing Farm Stands” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. II. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: §72-1. Title. This law shall be known as the “Agricultural Uses Law”. §72-2. Purpose. Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage bona fide agricultural operations while providing for the health, safety and welfare of the Town’s residents and its visitors. Farm stands are an important part of the Town’s agricultural base and character, and are increasingly vital to the viability of the agricultural industry in the Town. The first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active farming operations within the Town. §72-3. Statutory authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. §72-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated: AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries, tomatoes and berries; (c) vegetables, including snap beans, cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, milk eggs and furs; (f) maple sap; (g) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergy, and shall include farm woodland. AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural, horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included July 1, 2008 Page 53 Minutes Southold Town Board Meeting milk, timber or timber products, other than christmas trees, all hay, rye and legumes. ENCLOSED RETAIL SALES AREA - That portion of a farm stand’s retail sales area which is protected from the elements on all sides by permanent exterior walls. FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered “processed” under this definition. RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. ARTICLE I - FARM STANDS §72-5. Farm Stand Permit Required. A. No person shall erect, place or operate a farm stand without the Building Department’s issuance of a farm stand permit for the farm stand operation. A farm stand permit shall be subject to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. B. The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the purposes of this Article, “bona fide agricultural production” shall be limited to the operation, within the Town of Southold, of either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. C. A farm stand existing as of the date of adoption of this Article which does not July 1, 2008 Page 54 Minutes Southold Town Board Meeting meet the requirements of this Article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1, 2008 shall be permitted to expand or enlarge the enclosed retail sales area of the farm stand operation by up to fifty percent, cumulatively, of the enclosed retail sales area legally existing as of January 1, 2008, subject to compliance with the parking requirements of this Article. §72-6. Farm Stand Permits Issued Without the Requirement of Site Plan Approval. A. A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The enclosed retail sales area of the farm stand does not exceed 2,000 square feet, and the total retail sales area of the farm stand does not exceed 3000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. B. Farm stands that do not meet all of the criteria set forth in §72-6A, but meet at least the following, shall be subject to the requirements of the Modified Agricultural Site Plan approval process as set forth at §72-10, notwithstanding the provisions of Chapter 280, Article XXIV, if such farm stands meet at least the following: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The enclosed retail sales area of the farm stand does not exceed 3000 square feet, and the total retail sales area of the farm stand does not exceed 4,000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. C. Retail sales operations that do not meet the definition of a farm stand pursuant to this Chapter, as well as farm stands that do not meet either the requirements of §§ 72-6A or B, shall be subject to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. July 1, 2008 Page 55 Minutes Southold Town Board Meeting §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: A. At least sixty percent of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. B. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of items manufactured or processed by the farm stand operator, or other items complementary to the farm stand operation, including items grown, manufactured, processed or packaged elsewhere, and food, clothing or souvenir items accessory to the farm stand operation. §72-8. Maximum Size of Farm Stand. In all cases, farm stands shall not exceed 4,000 square feet in enclosed retail sales area, excluding storage areas, temporary display areas and areas inaccessible to the general public. §72-9. [Reserved] §72-10. [Reserved] §72-11. Variance Procedures. Any farm stand that is found not to meet the requirements of this Article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community by such grant, in further consideration of (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the variance. §72-12. Penalties for Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit. Furthermore, any violator of this Article shall, upon conviction, be guilty of a violation punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 or imprisonment not to exceed 15 days, or both. III.SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any July 1, 2008 Page 56 Minutes Southold Town Board Meeting court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. That summarizes briefly the proposed law that is out for public hearing this afternoon. SUPERVISOR RUSSELL: I just want to clarify something that might have been presented. An operating, existing farm stand is not required to come and get a permit to run a farm stand. Those are existing farm stands. This speaks to the new farm stands as they come in. Doug, people like you that have been out in this business for a long time, you don’t have to run and get a farm stand permit. This is for construction of new structures. It is a change in market out here, it is a change in dynamic, we wanted to have a law that is a little bit broader and a little bit more confusing than the law I was always hoping for but this is a work product of a lot of different people, with a lot of different input. Now, would anybody like to come up and address the Town Board? COUNCILMAN WICKHAM: There is quite a bit more here. SUPERVISOR RUSSELL: I am sorry. COUNCILMAN WICKHAM: That is the law that was summarized. There are a few more items in the file that need to be read into the record. One of them is that the Suffolk County Planning Commission also has found this one to be considered a matter for local determination and no input from them. I have a two page memo from the Chair of the Planning Board which I think I should read more or less in its entirety. This is the recommendations from them regarding this proposed resolution. “The Planning Board has reviewed the proposed local law regarding new Town code for farm stands. We support updating the farm stand code, however, we have some comments regarding the proposed legislation as follows: 1. Statement of purpose: consider adding more language about supporting local agriculture to this section of the law. 2. Maximum size: consider capping the maximum size at 3,000 square feet of enclosed retail area instead of the proposed 4,000 square feet. 3. Parking requirements: consider simplifying the parking requirements to read as follows or something similarly simple: the farm stand parcel provides at least four off-street parking spaces and also provides adequate space that may be used to accommodate seasonal fluctuations in parking needs so that safe conditions for the public are maintained at and around the farm stand at all times. 4. A concern was raised about existing farm stands and what their status would be after the new code is enacted-how many farm stands would become non-conforming? 5. Processed agricultural products are defined, however, are not treated any differently than other retail products. Consider providing an incentive for farm stands to carry products made from locally grown produce by providing an incentive to do so. For example, you might consider a more stringent limit than 40% on non-local processed foods, souvenirs, clothing and other retail items but give an incentive for selling products made with locally grown produce by allowing a higher percentage of the gross sales to be processed, if the July 1, 2008 Page 57 Minutes Southold Town Board Meeting processed items are from locally grown produce. 6. Develop criteria and a mechanism for evaluating the percentage of local produce versus other retail and involve the Agricultural Advisory Committee in this process. 7. Definitions and consistency: there a number of definitions throughout the code in other chapters that are not consistent with the definitions in this new chapter. The Planning Department has a comprehensive list of those definitions to be provided to the Town Attorney’s office.” In addition, we have a short environmental assessment form for a list of actions completed for this proposed law. I have a memo from the LWRP th coordinator, who has reported as of June 30, ‘It is my recommendation that the proposed action is consistent with the policy standard and therefore is consistent with the LWRP.’ And that, and finally I have the legal that appeared in the Suffolk Times newspaper back in June 12 and affirmation that it showed up on the Town Clerk’s bulletin board outside. What have I got here? This morning we had Mr. Huntington who is a long time member of the Land Preservation Committee, who left off some comments that should be added to the file. This has to do with definitions. “The proposed code defines a farm stand as it is written here in the text. Does this mean that the retail sales of crops from equipment or facilities that are less than 80 square feet in area or from wagons totaling less than 80 square feet or from a sellers parcel that is less than seven acres or from a sellers parcel that produced less than $50,000 in sales in the last two years are not sold from farm stands? (That is his question) If so, then what are such small, what do we call such small stands selling crops? There are hundreds around town. Will the existing code address them as retail business activities? Is it proposed that the revised code will ignore them? Are they unregulated? What about the definitions and requirements in Chapter 280? (Which is on the other side.) It is agreed that we need to facilitate farmers access to local and tourist retail markets, but small stands are also an important characteristic of our town. Should we not recognize them in this legislation? Can we not call them ‘yard stands’ and define them as such? If this appears to be too knotty an issue, as a special case of retail sales, could we not create a limited class by requiring 100% on parcel or 100 % within township crop cultivation?” This is Ray Huntington of Cutchogue. And those are the comments that are in the file. COUNCILMAN KRUPSKI: Before we start the hearing, I just want to make it clear. As the Town Board took this up with the Code Committee quite a long time ago and at that Code Committee, I remember Councilman Wickham and I getting up and walking out at that point. I just want to make it clear, because this affects me directly, I have had no discussion with any, you know, Town Board members, with the Ag Advisory Committee on this and no part in shaping this legislation. I will however, during the hearing, I do have comments on this because it does affect me directly and affects my family directly and our business and because of that, I will reserve my comments until the end. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this issue? Mr. Baiz? CHRIS BAIZ: Good afternoon, Supervisor Russell and members of the Board. My name is Chris Baiz, I live here in Southold. For the last four months I have been acting chair of the Ag Advisory Committee, while the current chairman Bob VanBourgondien has been otherwise disposed and not able to meet our, with our meetings on Wednesday nights, the third Wednesday of each month. The process for this farm stand legislation goes back to the direction and July 1, 2008 Page 58 Minutes Southold Town Board Meeting guidance of Supervisor Russell to January of 2006. We are now July 2008, so we are a good 2 ½ years down the road on this. The key things were to make farm stand code simple, understandable, to allow an economic agricultural operation to enter the Town, if it isn’t already here. Of those who are already here but don’t have farm stands to be able to establish a farm stand that is an economically viable entity. On, what I like to call a windshield cruise, I have driven around town, I have counted a total of 32 farm stands. Some of them I have digitally photographed. I should have brought my laptop computer in and we could have had a flashing display of all the farm stands here in town. There are farm stands from card table to, pardon me, Harbes table size farm stands. Even the largest, at this stage of the game, fits within the guidelines of this law. We are simply trying to make something as the Agricultural Advisory Committee’s recommendations, something that is viable year round, for a farm family to operate a business. The size demarcations are in, shall we say, sent with agricultural and markets law of the State of New York which I think greatly benefits the opportunity for us and the big thing is that we want for the future to create the opportunity for a farm family to have an economically viable entity in order to support their farming operations and to support keeping that land open and active and working as a farming operation in the Town of Southold. To that end, the members and the chairman of the Ag Advisory Committee have asked me to convey to you all that we are very much in favor of this moving forward. Obviously from some of the material that has been presented to date, there is a lot of effort to micro manage a little corner here and a little corner there. I think more importantly, let’s get this on the books. We don’t expect a stampede, we don’t expect 30 new 3,000 square foot farm stands. Remember a fully enclosed farm stand at a modest $150 square foot at the 2,000 square foot level is a $300,000 proposition and for anybody who is a farmer in this room I don’t think anybody is about ready to spend $300,000 just to put up a building that he hopes that he can sell his produce and product in. So with that, we hope you will support this. We think it is a move in the right direction for our high cost of land and obviously what has happened this year with the astronomical increases in energy related materials such that farmers are having to cut back to half of their acreage planted this year because of diesel prices and fertilizer prices. We do need to find a retail economically viable outlet for our farmlands to remain active and viable for the town. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to get up and address the Town Board? Mrs. Egan? JOAN EGAN: Joan Egan, East Marion. I did not have the opportunity to go over all of this. I had the printout from a week or two ago. I think as said here and I hope that a lot of the farm people were notified about what was happening here and I think we have to take (inaudible) are wineries considered farm stands? SUPERVISOR RUSSELL: Not as a result of this legislation, no. MS. EGAN: No. They are not included in this. As I get most of the feedback for myself and speaking with others, in other words, you want them to just have produce from either their farm or neighboring farms. Then you don’t want them to sell mugs and funny things that are unrelated? July 1, 2008 Page 59 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: No. Actually there were so many different efforts here to try to accommodate the changing needs of agriculture. Obviously the first thing we want to do is make sure it is a bona fide Ag operation. This is a form of retailing that should be a privilege to an Ag operator, not anybody that wants to come in and start going into the business. So we defined agriculture based on state Ags and market law. At the same time you need to recognize that it is not realistic to expect an agricultural operation to survive on just what it can produce on site anymore. They need to stay in business a little bit longer. The 40% rule was for non-agricultural or accessory items was meant to address that. Some issues were raised to me the other day which I will mention in a minute about how to try to address that more fairly because I had business owners who were concerned about that but the idea was to provide more extended opportunities for Ag operations. MS. EGAN: Yeah, well that sounds good. Now the uh, you are going to make it as simple as possible…. SUPERVISOR RUSSELL: That was the goal but we missed that mark by a mile. MS. EGAN: I think it should be noted and well, it was addressed lightly you know, with the increase of oil prices and everything and you know the products that they use to make the land better and the soil better and all of that and with gas prices for us going to farm stands, you know you are not going to Joe Blows for this and Tom this for that and Bill, you are going to go to one place that has the most because this stopping and going it is so hard on your car. Now I have heard and I think I read it somewhere and I think it is great and I hope it gets pushed around humongously, a lot of our restaurants buying exclusively their produce and their poultry and their fish, if you will, which are a farming thing, from local people and I think that is fantastic. This helps all of us because we don’t want to lose our farm stands. This is part of our culture out here, so I hope whatever you decide to do up there will be the best for farmers and for us. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on the issue of the farm stand code? KEVIN SHANNON: Hi, I am Kevin Shannon and there are two issues I think that I find disturbing. One is the size of the overall retail space, the enclosed retail space. Four thousand square feet is a huge retail space. And that doesn’t include any ancillary storage space. That is separate and that doesn’t go into that calculation. So, that is one issue. The second issue is the amount of produce. I mean, it is like oh my god, this is almost a super store in terms of the, and I don’t know how you get around this exactly by identifying each product but if I went down the list of things, there were livestock items, you know, including cattle, sheep, hogs, poultry, nursery products, fish products and fish, vineyard products, alcoholic beverages, clothing, souvenir items. I mean, it is a huge list of items and maybe that is why they need the 4,000 square feet but I think the Planning Department comment about scaling that back somewhat is valid and maybe even further than 3,000 square feet but I think if you can tighten up the definition, you know, in terms of products that they are going to sell, I don’t know why the wine and alcoholic beverages are in there, are they, is that for catering purposes? July 1, 2008 Page 60 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Let me just clarify, that is actually that is culled right from New York State Agriculture and Markets. MR. SHANNON: Okay. SUPERVISOR RUSSELL: It is not our definition. The underlying or the underpinning to that is that you don’t get to build this big structure and fill it with all these different items, 60 percent of what you are selling you have to grow right there on site. It is the 40 percent that you could have the t-shirts, the souvenirs etc. That, the idea was again to allow a farmer to do what a farmer does, which is to grow and sell their items. The broadness of that comes from ag and markets law. MR. SHANNON: Yeah. Okay. We all know the traditional farm stands… SUPERVISOR RUSSELL: Right. MR. SHANNON: Okay, and now, you know, and the t-shirts don’t bother me, the souvenirs don’t bother me but now you are adding fish products. Are they are farm stand or are they selling fish products? Are they competing with Southold sea food market? You know, with Brauns? What is the…. SUPERVISOR RUSSELL: I can appreciate that. MR. SHANNON: That is why I was troubled by the broadness of this. SUPERVISOR RUSSELL: I can appreciate that. I actually had a few business owners come to me the other night to talk about the issue of the 40 percent, the 60 percent should be easy for everyone. If you didn’t grow it, you can’t sell it. MR. SHANNON: Yes. SUPERVISOR RUSSELL: The 40 percent becomes problematic. I had some business owners raise some concerns about why should I have to compete against someone who enjoys the benefits of selling without the underlying issues of commercial taxes etc. They wanted to see a clearer definition of what that 40 percent would include. And again, they weren’t bothered by t- shirts or this or that. They were bothered by what are they going to be selling that I am selling that my overhead is much higher than theirs? MR. SHANNON: Right. SUPERVISOR RUSSELL: I think that is a fair point but again, the broadness of that other wasn’t to allow for that, it was to say, if you produce fees based on ag and markets laws, 60 percent of theirs can be sold on site and 40 percent is accessory items as you see fit. Fish products, all of that is actually part of ag and markets law now. July 1, 2008 Page 61 Minutes Southold Town Board Meeting MR. SHANNNON: Okay. The other thing that I would point out is, if you take, the way the definition is written I believe, is 60 percent of the gross dollar value, okay, so that means that 40 percent of that 60 percent of the gross dollar value, so that in and of itself is somewhat limiting in what they can sell in what they can sell in that 40 percent. SUPERVISOR RUSSELL: Yeah, it is the gross dollar value of the crops and then 40 percent of what your revenue can be supplemented… MR. SHANNON: I don’t know who comes in and enforces that, you know, you have got that code guy…. SUPERVISOR RUSSELL: We have that, no matter what you do, the underlying issue is enforcement is going to be a problem but the assessors regularly were able to calculate income from farms for exemption purposes. I don’t, the idea isn’t to say oh, this guy has 41 percent today, shut him down, the idea is to put in some general parameters so when that farm stand comes in that doesn’t have anything planted but wants to be able to go into competition basically as a wholesaler and start selling against you know, competing against farmers, who have the burden of an operation, we can step in and say you don’t comply with this. We need some standard in there and that is where that came from. COUNCILMAN KRUPSKI: When I speak, I have a suggestion about how to try to enforce that. MR. SHANNON: Okay. SUPERVISOR RUSSELL: Okay. Would anybody else like to address the Town Board on this issue? Mr. Wills? FRANK WILLS: Frank Wills, Mattituck. I would like to add and reinforce the previous gentlemen’s comments about the maximum size of the building. If my math is correct and I believe it is, 4,000 square foot is 10 percent of the total of an acre. I don’t know whether we want to fill up our farmland, which we so much admire, with buildings for 4,000 square feet. I think it is excessive. SUPERVISOR RUSSELL: Mr. Cooper? DOUG COOPER: Good afternoon, Board members. Doug Cooper, Mattituck. I helped work with the Ag Advisory Committee on this legislation, I strongly support it, it is not perfect, there are things I don’t agree with but it is a good start and it can always be changed in the future. The concerns about the size of the facility, there will not be a whole lot of these large farm stands. Most farm stands are going to be on the small side, the very small side. It will be what we can sell and produce ourselves. I urge the Town Board to look at this and adopt it. Thank you. SUPERVISOR RUSSELL: Thank you, Doug. Melanie? July 1, 2008 Page 62 Minutes Southold Town Board Meeting MELANIE NORDEN: Melanie Norden, Greenport. I would just like to say that I think our farm stands are really lovely out here and we have to do everything that we possible can to encourage the agricultural industry, which is one of the things that contributes to the beauty of the landscape and we have to encourage our farmers as much as we can to make a living. I th mean, if in fact as Mr. Wills points out, we are taking up 1/10 of an acre and if there are only 32 farm stands, we are only talking about what? Max 32 acres or one portion of 32 acres. It is ridiculous to complain about that whereas in fact, they add so much beauty and continuity and loveliness to the landscape. I don’t, business owners, we are in a competitive society, if you have a great product somebody will buy it. So and I am sure the farmers have an overhead that far exceed somebody’s rent in downtown Southold for a shop. I mean that is absurd. An absurd comment. So I think we should be much less concerned about the competition with small local businesses and much more concerned out here about maintaining the industry that adds so much breadth and beauty and scope and encourages tourism across the boards here. I mean, people don’t come out to shop in downtown Southold in October to buy something in a hardware store. They come here to buy something at a farm stand. To buy pumpkins, to buy flowers, to buy whatever their family wants. So this is an industry that we need to preserve and protect in whatever way possible and I say, if they want 5,000 square feet; fine. I think it is a very moot point but I would really like to encourage the Board to do whatever it can do, not just in this legislation but in an ongoing basis to protect this industry, which is a delight and creates so much beauty for all of us. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up? Mr. Baiz? MR. BAIZ: Do I hear 10,000 square feet? Look, let’s go right to the nutshell on this in terms of the sizes that are in here. The legal department of the division of agriculture and markets up in Albany has stated that enclosed retail sales areas of farm stands that are between 2,000 and 3,000 square feet, is not deemed unreasonably restrictive to an agricultural operation. So the effort was okay, anything up to 2,000 square feet and there is only one farm stand out here that I believe is larger than that, in the Town of Southold, we felt that that should simply have, be able to come in as of right to obtain a building permit. Farmers are very penurious people, they like to hold onto their money, what little of it they have got and they are not going to run out and build a palace to sell a head of cauliflower. They are going to build something that is suitably sized. And within the value of giving them a return on their revenue stream, we are trying to create an environment where they are not just open from July 1 to maybe Thanksgiving and then shut down. We are trying to give them an opportunity to be open March through December or something like that so that there is a little bit more of an economic viability in their livelihood. Working on the land that they don’t have to, I have a farmer friend here, he is pretty much retired now but in the winter time he would drive for UPS just to make ends meet and he drove the big brown trucks. And I had another friend who drove for one of the oil delivery companies in the winter time. So there is that aspect. The 3,000 square feet or from 2,000 to 3,000 square feet, we have simply asked for modified agricultural site plan review. That is still being invented as we speak, so July 1, 2008 Page 63 Minutes Southold Town Board Meeting someone coming in for a 2,001 to 3,000 square foot building doesn’t have a process to go through yet. Four thousand square feet, that was put in as an absolute legitimate cap for someone who wanted to come in and do that but if you read the legislation carefully, the only way a person can exceed 3,000 square feet let alone anything else, is he must go to the Planning Department and Planning Board for a full site plan review just as if he were any other business at that point in time. So, we are trying to balance agriculture and markets, what is not unreasonably restrictive to what will work here within the graces of the Town of Southold and its citizenry. We want to keep the farmland viable, not for tomorrow but for the next 10, 20, 50 years and it will always be an ongoing program because we do live, if any of you know a more expensive place for agricultural land to survive, let me know. I know Napa Valley is perhaps a little bit more expensive but if we are going to keep agriculture alive here, we need to find ways to keep it economically viable for those who chose a life of what I like to call 29/8. Not 24/7 anymore. Farming is 29/8. Twenty nine hours a day, eight days a week. Thank you. SUPERVISOR RUSSELL: Just as a point of clarification, generally speaking an ag operation would need to be at least seven acres and produce an income of $10,000 or more. For those smaller lots, the concern, I know, and I had some concerns actually with the height actually, I had put a proposal together that stops at 2,000 and then put a scale in. The more land you have, the larger the structure could be. That got put to the side because it complicated an already complicated law. But the idea was that with the smaller operations, they really would have to be a high income producer to even qualify for it, a (inaudible) farm stand. And that might be a greenhouse. A greenhouse can easily take up 3,000 square feet yet it is hardly what you would call an oversize structure. It is where they are producing their product. Would anybody else like to come up and address the Town Board on this issue? DAWN THOMPSON: Dawn Thompson. Does that have to be seven continuous acres? We have five and a half and then two and change. SUPERVISOR RUSSELL: The law calls for a gross operation size of seven acres or more. MS. THOMPSON: Okay. So it doesn’t have to be continuous? SUPERVISOR RUSSELL: Do you want to clarify that, Kieran? But I am reasonably sure we are speaking to the size of the operation, not the size of the specific parcel. State Ag and Markets speaks to the size of the operation not just the parcel. MR. BAIZ: In that case, you might fall under the modified Ag site plan. If you don’t have one particular piece but you have got two…. ASSISTANT TOWN ATTORNEY CORCORAN: The way it reads now, you have to be on a parcel. SUPERVISOR RUSSELL: Okay. Seven acres or greater. ASSISTANT TOWN ATTORNEY CORCORAN: It would have to be contiguous the way it is July 1, 2008 Page 64 Minutes Southold Town Board Meeting written now. MS. THOMPSON: Okay. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this issue. JOE GILLES: Yes, I have a couple of things to clarify, my name is Joe Gilles. My wife Barbara owns Barb’s Veggies. I think everybody sure knows. When you say the produce must be grown on site, could you more clarify that? SUPERVISOR RUSSELL: Uh, yeah. Agricultural products that were grown and produced from the land that the farm stand sits on. If you are a cauliflower farmer and you are selling cauliflower because you have got the farm stand right on the site where the cauliflower is grown. It is an on site production. Despite what your crop is, you need to produce it yourself and then sell it there. the idea is that direct sale from the site where you are producing the agricultural product. MR. GILLES: Okay. My sweet corn is grown in Aquebogue. What happens here? Is this permissible? SUPERVISOR RUSSELL: I don’t believe it would be, under the current… JUSTICE EVANS: Inaudible SUPERVISOR RUSSELL: Sixty percent of what you are selling is produced at the site you have, then the sweet corn can be put in…. ASSISTANT TOWN ATTORNEY CORCORAN: You need to be on a bona fide ag operation. So the farm stand needs to be on the seven acres or the other, if you qualify for the higher income. Sixty percent of your product needs to be grown by the operator, by you, within the town. MR. GILLES: Right. ASSISTANT TOWN ATTORNEY CORCORAN: So your sweet corn may then fall under your 40 percent but you need to have 60 percent grown within the town. MR. GILLES: So let me just ask a question that doesn’t pertain to this. Suppose I have a farm stand and my farming operation is in Riverhead Town and my farm stand is in Southold. What happens here? SUPERVISOR RUSSELL: You would not be permitted to have a farm stand. MR. GILLES: So in other words, the one in Laurel gets shut down? July 1, 2008 Page 65 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Is it on seven acres or more? MR. GILLES: Pardon me? SUPERVISOR RUSSELL: Is it on seven acres? MR. GILLES: It is on a seven acre parcel where the house is situated. SUPERVISOR RUSSELL: Seven acres that you are producing from? MR. GILLES: No, no. It is not me. I am just using this as an example. JUSTICE EVANS: If it already exists, it becomes non-conforming. ASSISTANT TOWN ATTORNEY CORCORAN: Well, if it legally exists, it becomes non- conforming, yes, and it can continue to operate. MR. GILLES: You have got some of these farmers who have their stand in Southold and farm in Riverhead Town. SUPERVISOR RUSSELL: Well, the goal here was to address the needs and concerns of Southold farmers. And I know that might sound a little jingoistic but my concern is to say for the local farmers, to make you prosperous, I want to not just give you expanded opportunity but to prevent undue competition from other operations that are not in the farm business in Southold Town. That sounds a little protective but my underlying concern here is for agricultural producers in Southold Town. MR. GILLES: Now my wife’s operation is not on seven acres of land. But that has been pre- existing there for 40 years. We do have an additional 15 acres that we rented ½ mile away. We have four acres were the stand is situated and 15 acres ½ mile away. SUPERVISOR RUSSELL: I don’t know the circumstances there. I know your farm stand, I think you have been there for about two or three years? MR. GILLES: No, six. SUPERVISOR RUSSELL: Six already? MR. GILLES: Yes. SUPERVISOR RUSSELL: I don’t know how this law would apply but…. ASSISTANT TOWN ATTORNEY CORCORAN: It depends if you have a farm stand permit already under the old law. If you have one under the old law…. July 1, 2008 Page 66 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Do you have a farm stand permit? MR. GILLES: We applied for a farm stand permit and they keep telling us there is no permits. As a matter of fact, the first year we were in operation, Forrester came down and served us with papers for a permit and my wife Barbara went down to fill out all the paperwork…. SUPERVISOR RUSSELL: We need to have a candid discussion and I am sorry but I go by your farm stand every day and I am reasonably sure that the mangos and the melons aren’t being grown locally. That presents a problem. MR. GILLES: There are other farm stands in Southold Town that are doing the same things I am doing. SUPERVISOR RUSSELL: Are they producing agricultural products in Southold Town. MR. GILLES: Yeah, they got some agricultural products. SUPERVISOR RUSSELL: Then they would be, under this law, permitted to sell those accessory items. Because they are in the business of growing. MR. GILLES: So am I. SUPERVISOR RUSSELL: But presuming 40 percent of their products could be mangos and lemons. But, well, not if you don’t have the production on site. In other words, you need the production on site to have the farm stand. MR. GILLES: I mean, there are reasons why my corn is grown in Riverhead. My son-in-law, who is a partner with us in the farm stand, they have a farming operation in Aquebogue. SUPERVISOR RUSSELL: I can honestly appreciate that. But again, we are trying to address issues for agricultural operations. MR. GILLES: Alright. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come and address the Town Board? DOROTHY KONARSKI: I am Dorothy Konarski from Farmer Mike’s farm stand. I have a different problem. I have my farm stand on my house property. There is no farm there, there has never been for 36 years. That is how I operated it. I got my permit and everything from the Town and built it to the specifications. Am I okay? SUPERVISOR RUSSELL: You are fine. In fact, if you read… MS. KONARSKI: I need a permit? July 1, 2008 Page 67 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: No, you have it. If you read the law, we made a provision for the existing operations that might not be set back 50 feet, that already might be in existence. MS. KONARSKI: I just wanted to make sure. SUPERVISOR RUSSELL: Yeah. there was a specific provision in there to provide for the existing farm stands. MS. KONARSKI: Okay. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this issue? COUNCILMAN KRUPSKI: I would just like to thank the Town Board for making this effort. I would like to thank the Ag Advisory. I know they put a lot of work into this and I know it is complicated. I think they took a pretty good stab at it. One thing that was never mentioned tonight was food safety. And if, you know, as you see in the news food comes in from all over the country, from all over the world and there is problems. There is problems with, it is mostly post harvest problems with the shipping, with the storage, with obviously there is other problems with pesticide use in other states, in other countries, where food comes in from, things not regulated as closely certainly as they are in New York, certainly not as closely regulated as they are on Long Island. And I appreciate the comments and support for local agriculture. That is a sight to hear. So when you buy local produce, you know it is picked when it is supposed to be picked when it is ripe, it is picked at its freshest. It has got the most nutritional value, when you buy produce you might as well go to King Kullen otherwise when you see a truck delivering things in wax boxes, you know it is coming from Peru or Jersey or some other foreign state. So I just, if you allow people to sell produce that comes in from other parts of the country and world, you really marginalize the farming in Southold Town, you really, you might as well sell cigarettes and beer, too. One thing that came up, that one gentleman brought up about how do you know what a legitimate agricultural operation is, that has come up in different areas of the town code that reference agriculture also and one thing that I have asked the Town Board to consider in the past and I have asked them to consider with this legislation is that it is hard to send a code enforcer out and I am not singling out our current code enforcer, I am saying any code enforcer, they might not have the experience in agriculture. I think the Ag Advisory would serve a very good role in determining because of their experience in agriculture, what is a legitimate agricultural operation or not and they could advise whoever it is, whether it is the Planning Board or the Building Department on the legitimacy of a farming operation. Another thing that I just want to ask to be added to the code that I, and I have reviewed it but I haven’t seen it, is that in order to make it a legitimate agricultural operation, you shouldn’t be allowed to open your doors for business until you actually harvest something that you have grown. In other words, you shouldn’t open in May with watermelon and tomatoes and strawberries when everyone local knows these products aren’t grown locally. You should be able to open your doors for business when you start to harvest, the spring produce. The lettuce, the peas, strawberries and things like that. And then you can go into business from then on. And I think that would take a step for keeping people in line as far as what they sell, as far as they sell what July 1, 2008 Page 68 Minutes Southold Town Board Meeting they grow. SUPERVISOR RUSSELL: I want to suggest that I think the one issue here that we can resolve a lot of these issues is by bringing a clearer definition to what the 40 percent shall represent. We can meet the Planning Board’s goals at focusing on encouraging the resale of products grown locally. We can maybe alleviate some of the business owners concerns with what the 40 percent is going to constitute. Albert, your concerns about tainted tomatoes but I have got to tell, I thought pineapples are in. I just bought three last week. They are not harvested yet? COUNCILMAN KRUPSKI: Ours aren’t ready yet. SUPERVISOR RUSSELL: Yours aren’t ready yet. I don’t know how the Town Board feels about that. I actually appreciated the Planning Board’s comments because they went to a more general standard on parking. Trying to create a parking requirement for a farm stand is nearly impossible. Farm stands are so fluid in that they are very busy at some times and virtually vacant at others that you can never expect them to have the parking component that they would need to satisfy parking requirements on their busiest days. We had actually liberalized the code. The current code requires one space for every 100 square feet, this one says one for every 200 square feet, which is similar to what the business code is but it really is impossible to come up with something that is going to work given the cycle of that industry. COUNCILMAN WICKHAM: I would just like to comment as a note of information that the Town’s Transportation Commission is working simultaneously on a parking requirement for farm stands. That requirement is not in this law that is before us and I have no idea what the fate of it will be but they are working on a more focused, lengthy plan of how to resolve the parking requirements associated with farm stands. SUPERVISOR RUSSELL: Okay. Can I ask for the indulgence of the Ag Advisory Committee to give us two weeks to work with the SBA and others to define the 40 percent and ask for your cooperation and with Albert. That is the problem, the people that have all the knowledge. That is the problem, the people that have all the knowledge on farm stands have been recusing themselves from the beginning. You are talking to a liberal arts major. I don’t know much about farm stands. So we are trying the best we can, we are trying to accommodate a lot of concerns here. JUSTICE EVANS: I make a motion that we close the hearing. RESULT: CLOSED [4 TO 0] MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: William Ruland, Vincent Orlando, Louisa P. Evans, Scott Russell ABSTAIN: Albert Krupski Jr., Thomas H. Wickham 3. Set Tuesday, July 1, 2008 at 4:45 P.M., Southold Town Hall, 53095 Main Road, Southold, New York as the Time and Place for a Public Hearing to Consider the Designation of the John B. Coleman House on the Town’s Register of Historic Landmarks, 200 Harbor Lights Drive, Southold, New York July 1, 2008 Page 69 Minutes Southold Town Board Meeting COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: pursuant to the provisions of Chapter 170 (Landmark Preservation) of the Town Code, the Town Board of the Town of Tuesday, July 1, 2008 at 4:45 P.M., Southold Town Hall, 53095 Main Southold hereby sets Road, Southold, New York as the time and place for a public hearing to consider the designation of the John B. Coleman house on the town’s register of Historic Landmarks; the house is located at SCTM 1000-71-2-10, 200 Harbor Lights Drive, Southold, New York . The property owners, Theodore and Kathryn Bucci, have requested and the Historic Preservation Commission has recommended the property for inclusion on the town’s register. The file is available for review during regular business hours by contacting Damon Rallis at the Southold Town Building Department. If you have any questions, please do not hesitate to contact Damon Rallis at the Southold Town Building Department (631) 765-1802 or Damon.Rallis@town.southold.ny.us. I have a memorandum from the chair of the Southold Town Landmarks Preservation Commission, James Grathwohl dated June 4. “On May 20, 2008 Southold Town Landmarks Preservation Commission voted to recommend that this property be placed on the Town’s register of Historic Landmarks. Pursuant to chapter and section of the Southold Town code, please schedule a public hearing regarding the designation of this property. Once the hearing has been scheduled, please contact Damon Rallis in the Southold Town Building Department so he may inform commission members and the applicants.” And I have the normal application procedure that the Landmark Preservation Commission uses and this house is rather grand home built almost 100 years ago in the Harbor Lights district. I have pictures of it and all of that. I have just a note here from the SPLIA, Society for the Preservation of Long Island Antiquities. John Berlinson Coleman’s house was built on a part of his 100 acres. After he sold the property to the Fred and Harold Reeve, the acreage was subdivided for building other homes, that is Harbor Lights. Mr. Coleman’s house is still standing and occupied by William Jones. The section were subdivision took place is called Harbor Lights, 1983. The architect was Howard Stokes Patterson and was mentioned in the architect magazine dated May of 1928. There follows some rather grand architectural features of this house. I have a reference here to having this public hearing being published in the Suffolk Times and also noticed on the Town Clerk’s bulletin board. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this hearing? BARBARA SCHNITZLER: I am Barbara Schnitzler, I am a Landmarks Preservation Commissioner. It is a pleasure to speak in support of the nomination. It is a wonderful house and it is because the property owners have decided to landmark it, we know it will stay that way. Any changes to the house can be made through the certificate of appropriateness process, so the house can change and grow with time if the owners decide to do that. Doug Constant is also here in support of it. He is a Landmarks Commissioner, too. Thank you. July 1, 2008 Page 70 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to come up and address the Town Board on this historic designation? (No response) Hearing none, let’s close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Closing Statements Melanie Norden, Greenport SUPERVISOR RUSSELL: Okay, so we are going to table the other public hearing for action in two weeks. At this point, I would like to invite anybody from the community to stand up and address the Town Board on any issue? MELANIE NORDEN: Hi. Melanie Norden, Greenport. I have some questions tonight, actually it is a two prong question. And it centers around Plum Island. First I would like the Town Board or maybe Scott, you can respond to let us know the status of our current evacuation planning? And your confidence in its capacity to not only protect the citizens, their safety, their lives, for a natural disasters as well as something that might happen on Plum Island. SUPERVISOR RUSSELL: I think we have as good an evacuation plan as we can have given the very limited circumstances of living on a fork of an island. The practical reality is since I have been here, I have focused emergency management process on staying here and surviving through shelters and local transportation to and from special needs shelters etc. To be frank, I would have no confidence that we could evacuate safely were Plum Island to go to a bio level 4. Under no circumstances could this town or the south fork for that matter, come up with a plan that would address that need satisfactorily. MS. NORDEN: Precisely. Now you may know that the environmental impact study and the initial studies have now been completed, there is a meeting in Greenport August 12, August 9, I don’t remember the date. As you know Hilary Clinton and Congressman Bishop have both come out against bio level safety 4, which just for the record I just want to read one sentence ‘The proposed national bio and agro defense facility would research high consequence, biological threats including zoonotic i.e. transmitted from animals to humans and foreign animal diseases.’ I would like to see the Town Board take a position and actively recruit the opinions of residents, hopefully prior to that meeting. If our elected officials can take a position nationally, our federal and local elected officials can, I think the Town Board should consider seriously having a position and I for one would really like to know what that is number one. Number two, maybe there would be a way to establish a forum. I know there is something already in existence but it doesn’t really have public input. I don’t know if you can call some informational meeting or a informal meeting prior to that time but I think it would be important for us as residents of the Town of Southold to get our ducks in a row because…. July 1, 2008 Page 71 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Right. MS. NORDEN: Because this is serious business. Plum Island is definitely being considered and if you read between the lines of any of these federal reports that have come out which I don’t know if any of you have looked at, it looks like Plum Island may very well be bio level safety 4. COUNCILMAN KRUPSKI: It looks like a good candidate. MS. NORDEN: It looks like it. Unfortunately a very good candidate because there is still this notion that 20 feet of water is going to protect all sorts of people which of course is ludicrous. So is there is any way that you can encourage a meeting… SUPERVISOR RUSSELL: Sure. I can. Just as a point of information, I did discuss with the Town Board taking a position as a township. Councilman recommended that we take a position as individual elected officials. I actually in the hearing that was held, this last hearing was just a redo of the early hearing. I put in three pages of written and read opposition to the upgrade to bio level 4, I also actually talk to Congressman Bishop regularly, who does not think at the end of the day that Plum Island will be a viable candidate. Many other aspects of the federal government have already come out and said it makes no sense to bio 4 there any more than it will make any sense to bring a bio 3 or hoof and mouth disease study to (inaudible) or anywhere there is a livestock population. MS. NORDEN: Right. But has the Town Board taken as a board…. SUPERVISOR RUSSELL: As a board, no. MS. NORDEN: And why not? Or would you consider taking some position, I mean, I am not telling you what position to take but I think it would be important for the Town of Southold to have a position. SUPERVISOR RUSSELL: You can ask the Board themselves. I raised that issue at a work session some time ago and the census was that we could take positions as individuals. MS. NORDEN: I don’t think from at least my perspective that that is good enough. SUPERVISOR RUSSELL: Well, it might not be but you might not be happy with the consequences of a Town Board decision. MS. NORDEN: Well, I do think though if Hilary Clinton and Tim Bishop can take a position and clearly they do not reside in the Town of Southold, we can expect our elected officials to have a point of view and a position that we can…. SUPERVISOR RUSSELL: Okay. You are asking for two different things. As an elected official and a resident of this town, I have a point of view and a position. It is against the bio 4, three pages of commentary that was submitted to the original record. I have a position… July 1, 2008 Page 72 Minutes Southold Town Board Meeting MS. NORDEN: Okay, can other members of the Board tell me why they wouldn’t take a position? SUPERVISOR RUSSELL: What you are asking for is the position of the entire Board… MS. NORDEN: Yeah, I am. SUPERVISOR RUSSELL: A singular position, the consensus of six individuals. MS. NORDEN: Well, no, no. Anytime you approve a resolution, like the resolutions we have just approved, you have come to a consensus. And so there is, you already have a process that allows you, as elected officials, to have a consensus on topics. I am asking whether there could be a consensus on this particular issue which has much graver consequences than a zoning change in the Town of Southold. COUNCILMAN KRUPSKI: Could we put this on for work session… SUPERVISOR RUSSELL: Sure. COUNCILMAN KRUPSKI: …at the next meeting? And we can have, we will have the… MS. NORDEN: Yeah, I think that will be great. And also, is there possibility to have some kind of meeting…. SUPERVISOR RUSSELL: Absolutely. I agree with you 100 percent. MS. NORDEN: I mean, just to even call the public together for a meeting. Now, this would need to be within the next few weeks because this meeting is scheduled, I think August 12. SUPERVISOR RUSSELL: Right. It is my sincere hope and understanding that this whole issue will go away when we see a new president in December, upon the inauguration. MS. NORDEN: Scott, I don’t think we can count on any issue going away… SUPERVISOR RUSSELL: You are right but that is my sincere hope. MS. NORDEN: It is pretty scary and it doesn’t really look like Plum Island has been dropped at all despite the fact that there are many other places like Atlanta, that would really love to have this facility. SUPERVISOR RUSSELL: Already has one. Yeah. MS. NORDEN: So I think we need to be pro-active, I think we need to determine what the residents of Southold think and I think we need to examine our evacuation plan because certainly July 1, 2008 Page 73 Minutes Southold Town Board Meeting the federal government won’t be doing that. Nor will the Department of…. SUPERVISOR RUSSELL: And I can assure you, Melanie, no matter how hard you try, we will not come up with a satisfactory evacuation plan if it goes to a bio 4. It is, we can certainly do the best we can, I think the better course of action is to oppose it with all our might. The bio 4 upgrade. MS. NORDEN: Great. COUNCILMAN ORLANDO: We can’t come up with an evacuation plan for a hurricane or tornado either. I mean, as Scott said, we are on the end of Long Island here. It is… MS. NORDEN: Right. COUNCILMAN ORLANDO: When there is a car accident on Sound Avenue, you can’t get through. So if there is a hurricane coming…. MS. NORDEN: Right. But we also have not explored, though, from what I understand we really haven’t explored evacuation plans via water. SUPERVISOR RUSSELL: Oh, yes we have. We actually have Cross Sound ferry signed up as part of our emergency evacuation plan as a company. We actually have all of that in place. The reality is… MS. NORDEN: I know except that it would only evacuate a very tiny percentage of residents. SUPERVISOR RUSSELL: That is the reality of any evacuation plan. We have all of that factored in. Have you read the emergency management plan? MS. NORDEN: I have skimmed it, actually. SUPERVISOR RUSSELL: Then read it more in depth because we do have emergency evacuation plan and no matter what you do to that plan, the arteries in and out of this area via water, via land are not sufficient to handle the population in the event of an emergency. That is why we need to focus on opposition with all our might to a bio 4 upgrade. MS. NORDEN: Okay. Hopefully you will put it on your agenda. SUPERVISOR RUSSELL: I will. I did it a few months ago, be happy to do it again. MS. NORDEN: Great. Thank you. SUPERVISOR RUSSELL: Mr. Meinke Howard Meineke, NFEC July 1, 2008 Page 74 Minutes Southold Town Board Meeting HOWARD MEINKE: Hi, my name is Howard Meinke, I live in Mattituck. I am a member of NFEC and the NFEC land use committee. I want to speak about a piece of business that has been on your collective table any number of times from 15 years ago on forward. And that is the comprehensive master plan. It was last spoken of at some depth by Josh Horton when the LWRP came out. He said we could tweak this and it could be a master plan, I think it has been since mentioned but it always falls off the edge of the table because there is other more important seemingly business. Well, we probably do have most of the parts of the master plan, so if we went about it cleverly, it doesn’t appear to us that it would be such an expensive thing. I think we probably have one million dollars worth of studies down in the basement, that if you took chapters from here and there and the Scenic Byways report and the Task Force report and the LWRP and one of the agricultural reports and you threw that stuff together, you sorted it out, you threw out 90 percent of the loose words and you got it together, you could have a master plan. And why do you want a master plan? Well, I think we want it because we are constantly talking about things. You were just talking about establishing a PDD at the work session. As a matter of fact, you even said you thought you could get $11,000 from another grant to apply to PDD studies. Well, maybe you can get that $11,000 to apply to putting together a master plan because if you are going to have these various issues like a PDD, which effect density, which effects traffic, which effects population, traffic on the roads, school taxes, the whole nine yards, you should really have a master plan which looks at the town now, has consistent schedule of meetings with the citizens so you can determine as time passes what do we want Southold Town to look like. Do we want it to be a place for second homes and a million people to come from the city and buy produce and do stuff like that? Do we want to have it a business place with the Route 58 like Riverhead and have our own little metropolis? I don’t think we do but that would be a possibility. We should ask all those questions and that is what you get when you have a comprehensive master plan. The environment is ripe for a comprehensive master plan right now. The economics are lousy, development has got to be at a low ebb. We have staffed the Planning Department. We could do a master plan and we would be a better town for having done a master plan and part of what we need to do that is we have development data and build out data that was done for the DGEIS in 2002. Well, I give you guys credit. I think the build out numbers and the quality of Southold Town is better now than it was in 2002. I would like to see you close out December of 2007, update that data so along with creating the master plan, we know how many residents we have, we know how many residents we could get at the end of the road. We could all say we have only got two main roads coming out there, out here, is that going to make the traffic ugly, is that going to kill it? Is that going to kill it for the farm stands? I mean, I think there is a lot going on here and I think that it is important that a comprehensive master plan would be very helpful in doing that and the time is right, the Planning Board is ready to do and I don’t think it is as costly as some of the naysayers would think it is and I think it is necessary to do. And instead of nodding heads and then taking every days pressing piece of activity and never doing it, I think the Board should look at it and say, dammit, we are going to do a comprehensive master plan, let’s have all the ayes, let’s do it and let’s launch it. I think Southold would be a better place. SUPERVISOR RUSSELL: I would like to point out, we have actually since the first day I got here as Supervisor, instructed Mark Terry and at the time another individual who no longer works for us, to start bringing out and collating and coordinating all of that information that is July 1, 2008 Page 75 Minutes Southold Town Board Meeting already there and pulling it together into one comprehensive document. A comprehensive plan. We have started and done a great deal of work on a comprehensive plan. What I think we need to do is in the near future, is take all of that work and that coordinated effort and hand it to a professional that can bring it all together into one comprehensive document for us. The HALO’s was finishing up, the HALO, the hamlet stakeholder group was finishing up one small component of that. That is focusing on the down towns. We still need to go to a broader audience and develop a broader plan. I sat down with the former Principal Planner recently and talked to her and asked her for a proposal for a comprehensive plan to get an idea of what our costs would be. Anything that we would want to do would have to be budgeted for in the new year but we have already started to do a lot of that groundwork at the town level. MR. MEINKE: But we spoke to Mark Terry also and he doesn’t feel anybody barking at his heels to cough it up and get on with it. I am trying to say, we need an urgency here… SUPERVISOR RUSSELL: Based on what… MR. MEINKE: (inaudible) I don’t hear any urgency on a comprehensive plan. SUPERVISOR RUSSELL: Urgency based on what criteria? Urgency based on what criteria? What would be a criteria for the urgency? MR. MEINKE: Well, I think it is important to do and I think… SUPERVISOR RUSSELL: It is important. MR. MEINKE: It should be on top of the table and it should continue to stay on top of the table. It is my opinion from outside the boardroom that it falls over the edge with alarming regularity. That is all. SUPERVISOR RUSSELL: Yeah. I am just curious to know what the alarming urgency is and what… MR. MEINKE: The urgency is that when the economic situation of the country gets finished and the building decline gets finished, we will be besieged with development proposals and if we don’t have our ducks in a row at that time, we have a hell of a lot to lose in Southold Town. SUPERVISOR RUSSELL: So if we budget for one in the new fiscal cycle, if we start in January, will we be behind the eight ball if we… MR. MEINKE: You would probably not be behind the eight ball if you really did budget for it and if it was in everybody’s intent to do it, I would not be excited that that was delinquent. I think that is what we need to do. COUNCILMAN KRUPSKI: I did have that conversation with Mark Terry recently and like you said, all the information really that he needs is there in Town Hall and he has said that it July 1, 2008 Page 76 Minutes Southold Town Board Meeting wouldn’t be that great an effort for him to compile it and come up with a comprehensive plan. The problem of course, was that we were so short staffed in the Planning office and it will take another month or two, I am sure, to get, for them to get back up to speed. It is like processing applications and then to get into broader planning issues like a comprehensive plan. But you are right. He said that all the information is available and we own it. SUPERVISOR RUSSELL: This is the issue that becomes lengthy, contentious and expensive. The comprehensive plan as a narrative document is not enough, you need a zoning map that matches it. The problem with the LWRP for instance, to serve as a comprehensive plan is that the zoning doesn’t match it. That is where we have to have those public input sessions and look at the zoning map of Southold Town. If we are going to achieve the goals of the hamlet stakeholders and others, then we are going to have to revisit the issue of zoning in Southold Town. MR. MEINKE: That is exactly the point and why you need the build out analysis it is on. SUPERVISOR RUSSELL: Well, for all issues, even for commercial. MR. MEINKE: (inaudible) But it said, we should do this, it would be lovely if we did that. It would be beneficial to the waterfront if we did this but it didn’t explain how and what you had to do and that is where the rubber meets the road (inaudible). SUPERVISOR RUSSELL: And that is the time frame and the money would be in getting in to that zoning map which is desperately needed in Southold Town. And the zoning code itself, commercial business isn’t what it used to be, our code does not begin to address the challenges that are out there. COUNCILMAN WICKHAM: I would like to add my two cents worth. If it is as important as we are now saying it is, several Board members have expressed their views about it, I don’t think it has ever been on the agenda of a work session for years about doing a master plan of the Town of Southold. So if we as a Board want to take it up and if we want to budget for it for the next year, if we want to ask Mark Terry to do something, the first step is to put it on the agenda in a work session or in a planning and zoning committee and have the Town Board as a whole come to an agreement about what priority do we want to give to it? We as a Board have not done that. We have not had that discussion. We have, each of the six of us have our own views about it, and they all vary from one degree to another of support. The first step is to have a good solid Board discussion, which we have not yet had. SUPERVISOR RUSSELL: We have also, for the first time, have had a good, solid Planning Board to work with, to get this done. We just, in fact, with another vacancy today are yet short staffed again. But that has been a challenge since my first day here. Valerie retired or left Town Hall prior to my getting here and it has been a bumpy ride with a lack of staff there. Would anyone else like to address the Town Board? Can I go to Mrs. Egan first? Joan Egan MS. EGAN: My usual, cell phones. And I went to the Greenport Town Hall meeting and I went July 1, 2008 Page 77 Minutes Southold Town Board Meeting to their Town Hall first and they are doing a pretty good job and I asked them if they watched their Town Hall meetings and guess what they said? They said no. They don’t have it on this and they don’t have it on that. So, at the Town Hall meeting and I hope they watch it, I told them they can watch it on their computers. And also, the problem that they have, the same as all the people here, they are public servants. They don’t like to hear that and it happens to be the truth. The phone out here is not working, the phone in the police station is not working. Everybody has cell phones. I was also, I don’t think I need to say it but it doesn’t hurt (inaudible) you call the police station, you do something. You don’t ignore it. And I spoke to a friend of mine today, and he said well, how do you do that Joan? I said, open the telephone book. The back of your telephone book is like an encyclopedia and you should use it for the Child Protection Agency for any number of different things. And please god, maybe when school opens, maybe we will have a flashing light up there in Mattituck. What do you say? COUNCILMAN RULAND: I wouldn’t bet on it. MS. EGAN: Well, I pray harder than you bet. SUPERVISOR RUSSELL: Benja? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. Benja Schwartz from Cutchogue. I just have a very brief point I would like to discuss. I also have a letter that my neighbor here, he had to leave early and he asked me to read it. So I would like to read that. First I would just, four weeks ago I handed each of you a copy of New York State town law, section 272-A and in that law you will find many of the answers to your questions, why do we need a master plan. SUPERVISOR RUSSELL: Nobody asked that question. MR. SCHWARTZ: You asked that. SUPERVISOR RUSSELL: No, I asked what would be the urgency, he said a sense of urgency. I said well, what would be the urgency right now? What are the defining features of an urgency? I know we need one, I have been saying that for several years. MR. SCHWARTZ: I believe there is an urgency. This is a letter from Stephen Tettelbach. ‘The people of Highland Road, Schoolhouse Road, Bridle Court, Spur Road and Crown Land Lane, the people of Cutchogue and the north fork have been speaking out for well over a year now about how we don’t want the Heritage, we don’t need the Heritage. Well over one thousand people signed petitions against it but is anybody listening? I read the review done by the consulting firm KPC of the latest DEIS of the proposed Heritage at Cutchogue project. While I was pleased to see that the DEIS was rejected, what alarmed me was that many of the egregious omissions and cursory treatments of major questions regarding the Heritage raised in the first review were deemed as having been addressed sufficiently in the second DEIS. One of the most troublesome examples was that the traffic study done by the developers in October 2007 was deemed acceptable. This study was done on a few days at the end of October during a very rainy stretch of weather. It rained so much on the weekend when cars were being counted on Highland July 1, 2008 Page 78 Minutes Southold Town Board Meeting Road, I saw the traffic technician leave early because she didn’t want to sit out in the rain and now that traffic study has been accepted. It did not consider the traffic during the summer. It did not consider traffic during a normal weekend when a parade of cars comes out to Southold to visit the wineries and farm stands. The DEIS has concluded that there will be no appreciable increase in traffic from the Heritage and that none of the surrounding neighborhoods will be affected. Well, if this is so, why are we hearing that traffic lights are being proposed for both Highland Road and Crown Land Lane? Traffic lights, traffic lights on two roads adjacent to where the proposed Heritage would be built. Won’t this affect Cutchogue? Are we to understand that if the developer makes even a marginal effort to address the Town’s concern we would call it acceptable? Even when the work is clearly deficient and conclusions drawn are nonsensical? Are we still going to rubber stamp the application and call it good? I recently wrote a three page letter and mailed it to all members of the Town Board, the Planning Board and additional members of the Planning Department and Land Preservation staff expressing my grave concerns about the first DEIS. To revisit just two of the issues raised in that letter, I believe these concerns warrant much more consideration than they have apparently received to date. Biodiversity, the statement in the DEIS that after high density development, the state’s biodiversity will remain at the same or be at a higher level than under the existing conditions is completely unfounded. Natural ecosystems take time to develop. This is exemplified by the much greater ecological value and high biodiversity of old growth forest versus rows of trees planted after timber operations. Removal of every speck of natural vegetation on this almost 50 acre site and replacement with landscaping does not mean the area will serve the same ecological function to native animal and plant species. More likely the opposite will occur. This is a beautiful piece of land in its present state, it will not be improved by a massive housing development. It currently is a functioning ecosystem that supports native wildflowers and ferns, cedars and aspen trees, rabbits, deer, fox and owls, bobwhites, merlin and hawks. Most of these plants and many animals will die during the clear cutting of the woodlands and the destruction of the grasslands. This is not currently a dangerous or undesirable piece of property in its present state, as the developer portrays it. This is attractive land. It seriously deserves consideration for saving so that all residents of Cutchogue and the north fork can enjoy its natural beauty. Wastewater flow calculations in the 55 plus rule, the calculations of projected water use, sewage flow and nitrogen loading from the project are all suspect because of the implicit assumption that only seniors 55 plus years will be living in the development. It is never unequivocally stated in the DEIS that families interested in living there would be turned away if there are young children in the family or if there are more than two occupants per unit. The fact that nearly half of the proposed units are two story, three bedroom houses, many of them larger than 3,000 square feet with full basements suggest that the stated number of people, maximum number of people for many units, two people per unit may in fact be exceeded. If in fact more than the minimum number of projected occupants should move into the 139 unit development, this would have several important impacts. First the amount of wastewater generated will be higher than is currently projected, since the currently projected amount of generated wastewater is barely under the minimum at which an on-site sewage treatment facility would be necessitated, even a slight increase in the number of projected occupants might require a sewage treatment facility to be built on site. This would degrade the quality of life in downtown Cutchogue. If school age children live within the proposed Heritage at Cutchogue, then they would add to the student population while their families are paying reduced taxes because the units are designated as July 1, 2008 Page 79 Minutes Southold Town Board Meeting condominiums. This would be completely unfair to those of us who pay full taxes and would further add to a heavy tax burden for current local residents. I don’t want the Town to wait until the final hearing, as in the final hearing before the Heritage is fully approved. I don’t want to wait for the grand slam in the bottom of the ninth inning. I want the Town to be more pro-active than we have been hearing. I have read the Town has not approached the owner of the land to enquire about purchasing the 47 acre property. Apparently the developers even said they would consider this option an acceptable alternative. I implore you and other members of the town administration to contact the owner of this land and ask about the cost of buying the entire property. Explore what the town can do to make this purchase happen. Please save what is left. If the Heritage goes forward, Cutchogue and all the north fork will be forever changed. I know it and I hope each of you knows it. I challenge you to step up and do what it takes to purchase this land, all of it. That is the best possible solution, the best possible future for Cutchogue.’ Thank you. And I just have one paragraph of the revised draft environmental impact statement I would like to discuss. Has anybody read the revised draft environmental impact, this is the consultants review which the Planning Board just received. COUNCILMAN WICKHAM: I have read parts of it. MR. SCHWARTZ: And in here it says that the town code, our town zoning, requires both public water and public sewer to allow a density of one unit per 10,000 square feet in the hamlet density zone. Which is what this developer is basing his calculations on. So our zoning requires them to have public water and public sewer, however, the proposal that is applied for doesn’t include a public sewer, it talks about cesspools. So the consultant here explains that the Town Attorney said that was okay because the development is age restricted so there was a letter from the Town Attorney saying that the requirement of the public sewer would be satisfied by obtaining Suffolk County Department of Health approval. Now our, not only our zoning but our master plan update is very clear, that this hamlet density four units per acre zoning is only, you can only do that if you have both public water and public sewer. With all due respect, they are both at issue here. I am going to go back to the Planning Board and talk to them but I just thought you should know that the developer is including a letter of the Scott Russell administration here from the Town Attorney that says don’t worry about the Southold town code because Suffolk County law is going to control. SUPERVISOR RUSSELL: Suffolk County Department of Health speaks to issues of sewers. If you go back and read the positive declaration, we raised the separate septic systems as an objection. MR. SCHWARTZ: Inaudible SUPERVISOR RUSSELL: I thought you were. Didn’t recognize the pause. MR. SCHWARTZ: You know, I love Southold Town, I love living here. I am even proud to be a New Yorker and living in New York State. It is not as important, the United States is very important. And Suffolk County, I tried to follow all of the, you know I am a citizen of all of them and I think we should obey all the laws and certainly our own laws about land use are July 1, 2008 Page 80 Minutes Southold Town Board Meeting crucial. In fact they are well recognized as the most important land use decisions are made on the local level while Suffolk County does have legislation which definitely controls the sewerage, to my knowledge there is no law that says that that trumps the rights of this town to make regulations. And we have regulations and when I am told that this Heritage application is a done deal because they have got the zoning and then I find out that they don’t have the zoning but we are waiving the zoning and it is not being waived by the Planning Board, it is not even being waived by the Town Board, it was waived according to this, by a letter from the Town Attorney’s office. And that letter was sent to the initial consultant that was hired by the Planning Board and fired by the Planning Board and his report was rejected. So it didn’t even go to the developer, it didn’t come from, it came from the Town Attorney. I don’t believe the Town Attorney has the authority to waive zoning laws in the Town of Southold. And I think I am finished. SUPERVISOR RUSSELL: Okay. Can I say something now? First of all there are several things you say, you said that things are being rubber stamped. The application has been here for seven years. He is not even out of a pos dec yet. How can anything be rubber stamped? Okay, well a comment was made that it was rubber stamped. It has been here for over seven years. Do you see condo’s down in Cutchogue yet? The fact of the matter is, the Town Board is aware of all the issues and it requires a great deal more of legal artfulness than your original proposal which was just to rezone it. We are working through that process. There is a process in place. The Planning Board is putting this application through that process. Nothing is a done deal. The fact of the matter is, is that to a man this Town Board has a lot of concerns over that project and we will weigh in when the appropriate time comes to weigh in. The suggestion that well, a thousand signatures so we are not listening is not true. We are listening. We are addressing the issues as best we can. Rezoning would not be a good legal option. Right now we have an application that is seven years old. The market has disappeared and there is no condos yet. So I think the process is working. It is just, you have to be patient and give it some time. We have a lot of objections, that application is not a done deal. It has got a long, long way to go. MR. SCHWARTZ: You just rezoned a property tonight, didn’t you? SUPERVISOR RUSSELL: Yes. With no pending application and no proposal in sight. MR. SCHWARTZ: Nobody was interested in speaking in the hearing because it was owned by the County of Suffolk and apparently their property division is not, there is a developer here, there is a community. You know, we are not expecting you to ignore the developer, we just want you to listen to the community. SUPERVISOR RUSSELL: We are listening. Because I don’t do what you say, I am not listening? MR. SCHWARTZ: No, you are not even…. SUPERVISOR RUSSELL: I mean, Benja, if I have to rely on you for legal help… July 1, 2008 Page 81 Minutes Southold Town Board Meeting MR. SCHWARTZ: I don’t want you to do what I say, okay? I just want you to do what the law says. SUPERVISOR RUSSELL: We are. Every step of the way. MR. SCWHARTZ: That is not true. I would like you to do more than the law says. I think the law is a good basic guide for our lives but you know, the way I try to live, I try to go above and beyond what the law requires. And I don’t feel that the Town of Southold is going even to the, even reaching the legal level of what is required to address this application. SUPERVISOR RUSSELL: I fundamentally disagree. MR. SCHWARTZ: Thank you. EVA MARELIC: My name is Eva Marelic and I am here again about the land merge. SUPERVISOR RUSSELL: The land merger law? MS. MARELIC: Yeah. SUPERVISOR RUSSELL: Okay. MS. MARELIC: Last year in March I was here and we were talking about that issue and you all promised you were going to look into it. I have no answer, I send letters to both Town of Southold and I am really surprised and disappointed that you have no answer to this or you looked into this matter at all. I have a tax map here in my bag that it shows one little piece of land on Bay Haven Lane. It is vacant. And that is supposed to be merged. Does that make any difference? On that particular street and that neighborhood? If there is one more house or if there three. I am not saying I am going to build a house or sell the land but I would like to do what I please with the land instead of being together that I cannot do anything with it. It is like taken away from me. Why no one answer to this question? SUPERVISOR RUSSELL: Okay, you have got, I actually last year as a result of the previous hearing on lot merger issues, I drafted a document to present to the ZBA that the Town Board should adopt that would give the ZBA better guidance in deciding what is merged and what is not merged. There is all types of criteria in place, including community character. There was a previous Board in those days. They didn’t support it. I have a new Board now, I would like to, in the near future, reenergize that discussion and take the issue up again. That would address those types of situations. MS. MARELIC: Right. well, I would like you to look at this map, this tax map, that in all this area it is only one…. SUPERVISOR RUSSELL: That is exactly what my proposal tried to address with community character, with the same sizes, all other, that is exactly what my proposal had done. It didn’t get July 1, 2008 Page 82 Minutes Southold Town Board Meeting very far but a new Board, a new day, we will certainly revisit the issue in the near future. MS. MARELIC: You will work on it? SUPERVISOR RUSSELL: Yes. MS. MARELIC: Okay. SUPERVISOR RUSSELL: I hear complaints about that law every day. MS. MARELIC: Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (No response) Motion to adjourn? Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:47 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell