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HomeMy WebLinkAboutTB-07/29/2008 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 29, 2008 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 29, 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 29, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived William Ruland Town of Southold Councilman Absent 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 Patricia A. Finnegan Town of Southold Town Attorney Present I. Reports 1. Island Group Claim Lag Report Plan Year 7/1/07 - 6/30/08 2. North Fork Animal Welfare League Financial Statements - 6/30/07-6/30/08 3. Recreation Department Monthly Report June 2008 July 29, 2008 Page 2 Minutes Southold Town Board Meeting II. Public Notices 1. Liquor License Renewal with NYS Liquor Authority Laurel Lake Vineyards, 3165 Main Rd., Laurel 2. Town of Riverhead Amended Zoning Ordinance III. Communications IV. Discussion 1. 9:00 A.M. - Jill Doherty, Mike Verity Code Committee Questions 2. 9:30 A.M. - Phillip Beltz Housing Advisory Commission Apartment Recommendations 3. 10:00 A.M. - Mark Terry - Overview of dock surveys - Grants Update 4. 10:30 A.M. - Ron McGreevy, Jim McMahon, Jim King Mattituck Inlet 111 Study 5. 10:45 A.M. - Start Up Discussion - Establish Erosion Mitigation & Beach Restoration Action Plan 6. Island Community Board Support Request 7. Mattituck Chamber Request for Support of Movie Nights 8. Code Committee: Thursday, July 31 at 2:30 P.M. in Annex - Lot Waiver Merger - Finish Farm Stand Code 9. 12:00 Noon - Karen McLaughlin Update on Human Resource Center 10. 12:15 P.M. - EXECUTIVE SESSION - Karen McLaughlin Work history and possible promotion of a particular person July 29, 2008 Page 3 Minutes Southold Town Board Meeting 11. Executive Session Work history of a particular person and possible extension of leave of absence 12. 12:30 P.M. - LUNCH 13. DPW Staffing per Councilman Orlando 14. Anti-Bias Task Force Request for Support 15. Executive Session Acquisition of Property per Councilman Krupski 16. Executive Session - Litigation Cross Sound Ferry Update - Supervisor Russell Pledge Opening Comments Supervisor Scott Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. Now would be an opportunity for anybody that wants to come up and address the Town Board on any item as it appears on the agenda. Mrs. Egan? Joan Egan, East Marion JOAN EGAN: Joan Egan, East Marion. Just to clarify, first off, by now must know there was an earthquake in Los Angeles, so let’s, yup, 5.4. Incidentally, it is important that you would also know that they announced that for some reason they couldn’t use their cell phones and if they could, to stay off them unless they, you know, really, really needed them. So that should be typed into our emergency situation and to clarify things, you did call me back and you said that you didn’t know what the problem was. I told her to write it down, it was a question of the labor problem and you didn’t know the answer. SUPERVISOR RUSSELL: Oh, that was, yeah…. MS. EGAN: Ah hah. SUPERVISOR RUSSELL: But I had called you and gave you the answer. MS. EGAN: No, no, no, no, no. You say you didn’t know what the problem was but I had told your young lady up there what the problem was and she didn’t write it down, she just told you to call me back. And you called me back and I wasn’t there, so I gave her another message. Okay. So what was the problem? Did you have a labor problem? July 29, 2008 Page 4 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: No, I still don’t know what the problem was. The question you had for me was in regard to a labor contract. That…. MS. EGAN: It was on the agenda and I asked you are you having a problem with the Department of Labor? SUPERVISOR RUSSELL: No, no. That was the inter-municipal agreement and I called you and clarified that was an inter-municipal agreement for summer labor from the Suffolk County Works program but I had called and given you the answer. I got a message a few days later that you had called back wanting to know if I had gotten an answer for you and I didn’t know what the new question was. MS. EGAN: Well… SUPERVISOR RUSSELL: I am sorry if there is a miscommunication there. MS. EGAN: Okay. So, at any rate, everybody up there did check the justice reports? Or some of you did. I was here last Friday, it is a total and complete zoo. Total zoo. God help those poor people. Now, I did run through this, the one I got yesterday had the farmstand thing. This doesn’t have the farm stand, we are not doing that? SUPERVISOR RUSSELL: No, we are going to table that for two weeks and the we should handle that. MS. EGAN: And I did see that you are unable to change our Town Hall meeting from August th 12, I understand you are going to try to do a double header and try to get to both the Greenport and here? SUPERVISOR RUSSELL: We talked about it today. I actually suggested that because it starts at 6:00 and they do, based on protocol, give elected officials the opportunity to speak first, that any comments could be made and they could still make it to the 7:30 meeting. We have scheduled public hearings that evening, so we would have to cancel those meetings, re-advertise, etc. If there is a consensus of the Board to think otherwise, I am all ears. But I think we can do both. MS. EGAN: Okay. Now you do have, how often do you, item 708, how often do you have a regular Town Board meeting on Fishers Island? SUPERVISOR RUSSELL: We have one, yeah, what they call Founders Day on Fishers Island, once a year. Every August. MS. EGAN: Oh, okay. So then ours will be okay. And item 710, I guess they passed muster to go away, okay, my friend at the end isn’t there for my item 715, that is Mattituck and still hoping for the flashing lights by the school opening in Mattituck. We have quite a few acquisitions and I will repeat, I get very concerned that you have too much land in your name. And god only July 29, 2008 Page 5 Minutes Southold Town Board Meeting knows what will happen to it. Uh, an awful lot of number 719, an awful lot of money going to the Solid Waste Management District. There were a couple of those and this is from the Human Resource Center, that van or suburban. I hope they don’t sell it. What happens to that money if they do sell it? It goes back into the general fund? SUPERVISOR RUSSELL: General fund. That is right. MS. EGAN: The general fund and of course, my usual, if they can’t sell it, then let them, somebody learn how to repair it or use it. COUNCILMAN KRUPSKI: Send it to Fishers Island. MS. EGAN: Huh? SUPERVISOR RUSSELL: Albert recommended we send it to Fishers Island. That is usually what we do with vehicles with a lot of miles on them. COUNCILMAN KRUPSKI: They seem to be collecting them. MS. EGAN: That is not nice. Fishers Island lady is there and she is listening, dear. COUNCILMAN KRUPSKI: She is not happy with the collection…. MS. EGAN: She can hold it against you. Be very nice. COUNCILMAN KRUPSKI: She is not happy with the collection they have out there already. MS. EGAN: Oh, I didn’t understand 724. COUNCILMAN WICKHAM: What do want to know? MS. EGAN: Is your head falling off again tonight, Mr. Wickham? COUNCILMAN WICKHAM: No. MS. EGAN: I didn’t understand it, so…. COUNCILMAN WICKHAM: Those four different agencies have all agreed to cooperate to provide mental health support to people in our Human Resource Center, not only physical, health support. That is what this is all about. MS. EGAN: Well, what do you mean by mental health? COUNCILMAN WICKHAM: There are people in this Town who have mental health disabilities. They generally, those disabilities are generally not met by the normal health July 29, 2008 Page 6 Minutes Southold Town Board Meeting insurance plans, the physical health-medical doctors. This is an attempt to put together a network of four agencies, including the town, that will help provide a backstop for that kind of assistance. MS. EGAN: I think you have to move very slowly and very carefully in that regard, I really do because you don’t know who will oversee it and I don’t know that it will be doctors or psychiatrists, psychologists. I don’t know. COUNCILMAN WICKHAM: I think the director of our Human Resource Center will be managing it from the Town side. MS. EGAN: Oh, she will be fielding it out? SUPERVISOR RUSSELL: It is a consortium of agreements, so there is going to be representatives from all these organizations. This includes the local hospitals, there is a consortium to my understanding, it is a consortium of a panel of experts that will be overseeing this new venture. MS. EGAN: Okay. Well, let’s move very carefully in that regard. Now on item 726, they are allowed their time out, do we get replacements while they are out? SUPERVISOR RUSSELL: You know, I am sorry, but I having a harder time hearing you this evening. I am sorry, what did you ask? MS. EGAN: (inaudible) I will bring my own megaphone next time. Is that better? SUPERVISOR RUSSELL: A little better. MS. EGAN: Item 726 and you have two of these people out on medical and I am just asking, they will be out for three months or have been, do we replace them while they are out or do we make do? SUPERVISOR RUSSELL: Generally no because there are anticipated for their return, so we are not adding to the payroll. MS. EGAN: Yeah, I know. SUPERVISOR RUSSELL: No, we do not replace them. We fill in the gaps with existing staff as best we can. MS. EGAN: Good. Okay. Well, again more land, and we have two more people and did they fill out the form on item 732? And did they fill out those forms? SUPERVISOR RUSSELL: Yes, they did. July 29, 2008 Page 7 Minutes Southold Town Board Meeting MS. EGAN: Mhhm? SUPERVISOR RUSSELL: Yes. MS. EGAN: They passed muster, huh? SUPERVISOR RUSSELL: They, the Joan Egan form, and they did. MS. EGAN: Okay. We have some resignations, 734, temporary people. Recreation Center, we have a couple of those. Now on some of these newer things, especially the parking, those have to be done by police, if there is a violation. SUPERVISOR RUSSELL: That is well, in order to create or make for a violation, we have to amend the Town code which is what the local law would do tonight and yes, the police would be in charge for enforcement. MS. EGAN: And on any of the other newer things, you will have the code enforcer and the building department and anybody up there who can give out, you know, know when the code is being broken and they can give out a summons or send a letter to them? SUPERVISOR RUSSELL: Yes. Tonight’s hearing would be a matter for local traffic. That would be for parking issues in New Suffolk. That would be under the aegis of the police department. This wouldn’t involve code enforcement this evening. This would be a new task for the police department to absorb. MS. EGAN: Yeah. And this is of course, sent to them? SUPERVISOR RUSSELL: Yes. MS. EGAN: Okay. And how does the public find out? SUPERVISOR RUSSELL: When we put signs up and through advertising tonight’s public hearing. We ran an ad in the local paper. COUNCILMAN KRUPSKI: They found out, they are here. MS. EGAN: That is part of the problem, people don’t watch the town hall meeting and even if they see it on their computer, they say it is not for me. And then they get incensed when they get a parking ticket. They really do. Oh, well, the code enforcer is involved on 746. SUPERVISOR RUSSELL: No. MS. EGAN: No? SUPERVISOR RUSSELL: No. This is just an extension of a moratorium for processing of July 29, 2008 Page 8 Minutes Southold Town Board Meeting applications for cell towers. MS. EGAN: This is just for the applications. Oh, I see. SUPERVISOR RUSSELL: Yes. That is right. MS. EGAN: Okay. I think that is it for now, thank you. SUPERVISOR RUSSELL: Thank you. Would anyone like to address the agenda as it appears before you? Melanie Norden, Greenport MELANIE NORDEN: Hi, Melanie Norden, Greenport. Resolution 747, what evidence is there that changing the requirements will make a difference with respect to developers created affordable housing developments? I see that you have made the requirements less restrictive rather than more restrictive. SUPERVISOR RUSSELL: Oh, on the contrary. MS. NORDEN: Well, 20% as opposed to 25%. Anyway, what evidence is there that this new requirements such as they are will advance the cause of affordable housing in the Town of Southold? I mean, have you spoken to potential developers who have said…. SUPERVISOR RUSSELL: No, we haven’t. What we had closed was a loophole from the previous law that allowed for a buyout option. That was nominal and it wasn’t producing income. It certainly wasn’t replacing the housing that the developers would opt out of. MS. NORDEN: Right. Right. SUPERVISOR RUSSELL: So the buyout option is a much more substantial buyout now. we reduced the set aside from 25 to 20 but the buyout now, you can’t escape at a $17,000 an acre buyout. You have to pay for, and you have to pay per unit, a substantial amount of money. MS. NORDEN: Right. Do you think that will make a difference? SUPERVISOR RUSSELL: Well, I am not sure but it closes a serious loophole. I can give you examples where people would opt out of the, would take the buyout option and it would produce no revenue for the Town. Whether this creates more housing or creates less housing is not something I can speak to. It just simply closes a real gaping hole. MS. NORDEN: Now, is the buyout at…. SUPERVISOR RUSSELL: Yeah, well, this would be a subject for the public hearing. MS. NORDEN: Right. July 29, 2008 Page 9 Minutes Southold Town Board Meeting COUNCILMAN WICKHAM: You would have an opportunity to speak at length during the public hearing later on this afternoon. MS. NORDEN: Sure. That is fine, then. I will ask those questions then. SUPERVISOR RUSSELL: Would anybody else like to address the agenda? (No response) Hearing none, let’s move forward. Minutes Approval RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, May 20, 2008 ? Vote Record - Acceptance of Minutes for May 20, 2008 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, May 27, 2008 ? Vote Record - Acceptance of Minutes for May 27, 2008 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter V. Resolutions 2008-707 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated July 29, 2008 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby July 29, 2008. July 29, 2008 Page 10 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-707 ? 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 2008-708 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting Fishers Island August 6, 2008 1:30 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Wednesday, August 6, 2008 on Fishers Island, New York at 1:30 P. M.. ? Vote Record - Resolution RES-2008-708 ? 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 2008-709 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting August 12, 2008 at 7:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 12, 2008 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ? Vote Record - Resolution RES-2008-709 ? 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 29, 2008 Page 11 Minutes Southold Town Board Meeting 2008-710 Tabled 7/1/2008 4:30 PM, 7/15/2008 7:30 PM 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 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 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 2008-712 CATEGORY: Budget Modification DEPARTMENT: Town Clerk FI Budget Modification Fiscal Impact: to move a Federal Grant from the Operating Fund to the Capital Fund WHEREAS the Commissioner of the Fishers Island Ferry District met on July 16, 2008 and modified the 2008 Fishers Island Ferry District budget to correct a revenue budget item that should have been included in the Capital Fund, not the Operating Fund, and WHEREAS the Town Board of the Town of Southold is required to approve budget modifications of the Fishers Island Ferry District, now therefore be it July 29, 2008 Page 12 Minutes Southold Town Board Meeting RESOLVEDmodifies the 2008 Fishers that the Town Board of the Town of Southold hereby Island Ferry District budget, as follows: From : SM.4097 Capital Grant, Federal Government $126,275 To : SM.5990 Appropriated Fund Balance $126,275 ? Vote Record - Resolution RES-2008-712 ? 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 2008-713 CATEGORY: Budget Modification DEPARTMENT: Town Clerk FI Budget Modification Fiscal Impact: to appropriate State and Federal grants for Elizabeth Airport. WHEREAS the Commissioner of the Fishers Island Ferry District met on July 16, 2008 and modified the 2008 Fishers Island Ferry District budget by appropriating State and Federal grants for Elizabeth Airport, and WHEREAS the Town Board of the Town of Southold is required to approve budget modifications of the Fishers Island Ferry District, now therefore be it RESOLVEDmodifies the 2008 Fishers that the Town Board of the Town of Southold hereby Island Ferry District budget, as follows: Revenues : SM.3097 Capital Grant, New York State $1,004 SM.4097 Capital Grant, Federal government $124,783 July 29, 2008 Page 13 Minutes Southold Town Board Meeting Appropriations : SM.5610.4 Elizabeth Airport, C.E. $125,787 ? Vote Record - Resolution RES-2008-713 ? 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 2008-714 CATEGORY: Employment - Town DEPARTMENT: Accounting Promote Terry Pace to Highway Labor Crew Leader RESOLVEDpromotes Terry Pace to the that the Town Board of the Town of Southold hereby position of a Highway Labor Crew Leader for the Southold Town Highway Department, effective July 1, 2008, at a rate of $29.5093 per hour. ? Vote Record - Resolution RES-2008-714 ? 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 2008-715 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Love Lane Closure for Movie Nights - 2008 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Chamber of Commerce to use Love Lane, Mattituck at the intersections of Pike Street and State Route 25 for the purpose of Movie Night on Friday, July 25 and Saturday, August 16, 2008 during the hours of 5:00 PM to 12:00 AM (midnight) provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as July 29, 2008 Page 14 Minutes Southold Town Board Meeting an additional insured for both events 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-2008-715 ? 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 2008-716 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Computer Consultants RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1680.4.400.558 PC Software Maintenance $1000 To: A.1680.4.400.400 Computer Consultants $1000 ? Vote Record - Resolution RES-2008-716 ? 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 2008-717 CATEGORY: Public Service DEPARTMENT: Town Clerk Waive the 30 Day Notification for the Renewal of a Liquor License to the Restaurant at Four Doors Down July 29, 2008 Page 15 Minutes Southold Town Board Meeting RESOLVEDwaives the 30 day that the Town Board of the Town of Southold hereby notification for the renewal of a liquor license to The Restaurant at Four Doors Down, 10560 Main Road, Mattituck. ? Vote Record - Resolution RES-2008-717 ? 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 2008-718 CATEGORY: Budget Modification DEPARTMENT: Town Attorney Budget Modification WHEREAS, the Town Board of the Town of Southold is considering the acquisition of the property located at 1005 County Route 48, Mattituck, also known as SCTM #1000-113-12-14; and WHEREAS, funding is required in the appropriate budget line item to accomplish the legally required appraisal of that property; it is hereby RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget in connection with the appraisal prepared by Andrew Stype Realty, Inc. as follows : From: A.1990.4.100.100 Contingencies $750.00 To: A.1010.4.500.800 Town Board, Appraisals $750.00 July 29, 2008 Page 16 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-718 ? 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 2008-719 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Modifications Fiscal Impact: Freight not charged as expected on part shipment for CBI grinder, amount being returned to repairs line; Komatsu line over budget due to continuing repair/part needs; this modification intended to cover expenses thru remainder of 2008. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: Freight and Express Mail (SR 8160.4.600.500) $ 1,000 MSW Removal (SR 8160.4.400.805) 3,000 RCA Blend (SR 8160.4.100.609) 2,000 To: Contractual Repairs CBI Grinder (SR 8160.4.400.665) $ 1,000 Maint/Supplies Komatsu Payloader (SR 8160.4.100.550) 5,000 ? Vote Record - Resolution RES-2008-719 ? 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 2008-720 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Declare the 1998 Ford Suburban – 1FBSS31LOWHB68149 at the Human Resource Center to be Surplus Equipment and Authorize the Town Clerk to Advertise Sale of Same. July 29, 2008 Page 17 Minutes Southold Town Board Meeting RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby equipment to be surplus equipment: 1998 Ford Suburban – 1FBSS31LOWHB68149 Contact persons are Karen McLaughlin and Jane Edstrom at the Human Resource Center 631- 298-4460. Vehicles are in "as is" condition and may be viewed at the Human Resource Center, Pacific Street, Mattituck, New York. RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. ? Vote Record - Resolution RES-2008-720 ? 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 2008-721 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District Bid for New Trommel Screen RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the purchase of a new trommel screening plant for the Solid Waste District, subject to preparation of bid specifications by the Solid Waste Coordinator. ? Vote Record - Resolution RES-2008-721 ? 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 2008-722 July 29, 2008 Page 18 Minutes Southold Town Board Meeting CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Resignation of Chris Kempner from CAC RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Chris Kempner from the Conservation Advisory Council, effective immediately, and be it FURTHER RESOLVED that the Town Board of the Town of Southold herby authorizes and advertise for a member to the Conservation Advisory Council directs the Town Clerk to to fill the vacancy created by Chris Kempner’s resignation. ? Vote Record - Resolution RES-2008-722 ? 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 2008-723 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District Bid for Compost Bagging Machine RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the purchase of a compost bagging machine for the Solid Waste Management District, subject to the preparation of specifications by the Solid Waste Coordinator. ? Vote Record - Resolution RES-2008-723 ? 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 July 29, 2008 Page 19 Minutes Southold Town Board Meeting 2008-724 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Memorandum of Understanding Among the Long Island Home D/B/A South Oaks Hospital, the Mental Health Association of Suffolk County, Inc., the Center for Essential Management Services, Eastern Long Island Hospital, and the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Memorandum of Understanding among The Long Island Home d/b/a South Oaks Hospital, The Mental Health Association of Suffolk County, Inc., the Center for Essential Management Services, Eastern Long Island Hospital, and the Town of Southold in connection with an Office of Mental Health Grant to provide services in an effort to integrate physical and mental health systems available to the community, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-724 ? 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 2008-725 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Community Development 2008 Community Development Programs RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Subrecipient Agreements in connection with the 2008 Community Development Block Grant Program for the following programs: North Fork Early Learning Center, Child Day Care Program $7,500 Robert Perry Child Day Care Program $7,500 July 29, 2008 Page 20 Minutes Southold Town Board Meeting Community Action Southold Town (CAST) $5,000 all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-725 ? 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 2008-726 CATEGORY: Employment - Town DEPARTMENT: Accounting FMLA Leave of Absence --Employee #5378 WHEREAS Employee #5378 in the Human Resource Center, has been out of work due a non- job related illness since May 2, 2008, and WHEREAS the Town Board of the Town of Southold is required to comply with the Family Medical Leave Act (FMLA) and the Town’s collective bargaining agreement with the CSEA, now therefore be it RESOLVEDgrants an FMLA leave of that the Town Board of the Town of Southold hereby absence for up to 12 weeks to Employee #5378 in the Human Resource Center, effective May 2, 2008. ? Vote Record - Resolution RES-2008-726 ? 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 2008-727 July 29, 2008 Page 21 Minutes Southold Town Board Meeting CATEGORY: Employment - Town DEPARTMENT: Accounting FMLA Leave of Absence -- Employee #3754 WHEREAS Employee #3754 in the Department of Public Works, has been out of work due a non-job related illness since May 19, 2008, and WHEREAS the Town Board of the Town of Southold is required to comply with the Family Medical Leave Act (FMLA) and the Town’s collective bargaining agreement with the CSEA, now therefore be it RESOLVEDgrants an FMLA leave of that the Town Board of the Town of Southold hereby absence for up to 12 weeks to Employee #3754 in the Department of Public Works effective May 16, 2008. ? Vote Record - Resolution RES-2008-727 ? 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 2008-728 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation USDA-NRCS 2007 Agreement Rev #1 73-2C31-7-00956 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Revision Number 1 to Cooperative Agreement No. 73-2C31-7-00956 between the USDA-Natural Resources Conservation Service (NRCS) and the Town of Southold in connection with an existing Cooperative Agreement between the United States of America Commodity Credit Corporation and the Town of Southold, dated June 26, 2007. The execution of this revision will include Attachment C to this Agreement and July 29, 2008 Page 22 Minutes Southold Town Board Meeting provide an additional $1,220,000.00 in financial support available to the Town of Southold for the implementation of the Federal Farm and Ranch Lands Protection Program FY 2007, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-728 ? 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 2008-729 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification -- Land Acquisition WHEREAS the Town Board of the Town of Southold is required to provide an appropriation for the purchase of property from Michael and Lauretta Caraftis known as SCTM #1000-113-12- 14, now therefore be it RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2008 budget as follows: To: Revenues: A.2025.00 Special Recreation Facilities Park & Playground $ 90,000.00 Appropriations: A.1620.2.500.300 Land Purchase $ 90,000.00 ? Vote Record - Resolution RES-2008-729 ? 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 29, 2008 Page 23 Minutes Southold Town Board Meeting 2008-730 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Contract of Sale with Michael and Lauretta Caraftis for the Purchase of Property Known as SCTM #1000-113-12-14 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Contract of Sale with Michael and Lauretta Caraftis for the purchase of property known as SCTM #1000-113-12-14 , at a purchase price of $80,000.00, said Contract subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-730 ? 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 2008-731 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Matt Presbyterian Church Street Fair RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Presbyterian Church to close Sound Avenue from Love Lane to the driveway of the parking lot east of the Church of the Redeemer for its Annual Summer Fair on Saturday, August 9, 2008 from 7:00 AM to 4:00 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 contact Capt. Flatley upon approval of this resolution to coordinate traffic control. July 29, 2008 Page 24 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-731 ? 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 2008-732 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Public Safety Dispatcher II Bryan Weingart and Public Safety Dispatcher Mark Zaleski to Attend NYSPIN Advisory Committee Meeting in Albany, New York in November RESOLVED grants permission to Public that the Town Board of the Town of Southold hereby Safety Dispatcher II Bryan Weingart and Public Safety Dispatcher Mark Zaleski to attend a seminar on the implementation of the new E-Justice Portal in Albany, New York, commencing on Thursday, November 6 through Friday, November 7, 2008. All expenses for registration, travel and lodging to be a legal charge to the 2008 Police Public Safety budget line A.3020.4.600.400. Travel to be by Town vehicle. ? Vote Record - Resolution RES-2008-732 ? 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 2008-733 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Douglas Moore Memorial Concert 2008 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Douglas Moore Memorial Music Festival to close Case’s Lane adjacent to the Village Green, for its Annual Concert on the Cutchogue Village Green, on Saturday, August 9, 2008, from 5:00 PM to 10:00 PM provided they file with the Town Clerk a One Million Dollar July 29, 2008 Page 25 Minutes Southold Town Board Meeting Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley immediately to coordinate traffic control. ? Vote Record - Resolution RES-2008-733 ? 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 2008-734 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Resignation of Beach Attendant - Crosser RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby James Crosser from his position as a 2008 Beach Attendant for the Southold Town Recreation Center, effective July 17, 2008. ? Vote Record - Resolution RES-2008-734 ? 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 2008-735 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Thomas Boucher Resignation RESOLVEDaccepts the resignation of the that the Town Board of the Town of Southold following summer seasonal employee for the period June 28 - September 1, 2008: STILLWATER LIFEGUARDS HOURLY SALARY Thomas Boucher (2nd year) ………….…………………….. $12.44 July 29, 2008 Page 26 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-735 ? 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 2008-736 CATEGORY: Bond DEPARTMENT: Town Clerk Release Performance Bond - The Cottages at Mattituck RESOLVEDreleases the following that the Town Board of the Town of Southold hereby Performance Bond for "The Cottages at Mattituck" a/k/a Affordable Housing Project, No. 1926N issued by the Service Insurance Company, Inc in the amount of $284,165.00, as recommended by the Southold Town Planning Board and the Town Engineer, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-736 ? 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 2008-737 CATEGORY: Surplus Equipment DEPARTMENT: Accounting Surplus Equipment IBM Wheelwriter 5 RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby equipment to be surplus equipment: IBM Wheel Writer 5 (Serial Number 6747-11- 0657780) July 29, 2008 Page 27 Minutes Southold Town Board Meeting RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. ? Vote Record - Resolution RES-2008-737 ? 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 2008-738 CATEGORY: Seqra DEPARTMENT: Town Clerk SEQRA for Land Bond $400,000 RESOLVEDfinds that the adoption of the bond that the Town Board of the Town of Southold hereby entitled “$400,000 Serial Bonds for Land Acquisition” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ? Vote Record - Resolution RES-2008-738 ? 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 2008-739 CATEGORY: Bond DEPARTMENT: Town Clerk Bond for Acquiring Property BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 29, 2008, APPROPRIATING $400,000 TO PAY THE COST OF ACQUIRING THE EASTERLY HALF OF THE CERTAIN PIECE OF PARCEL OF LAND, CONTAINING ONE HALF OF ONE ACRE, MORE OR LESS, SITUATE ADJACENT TO THE TOWN HALL PROPERTY, AND PREVIOUSLY ACQUIRED BY THE TOWN PURSUANT July 29, 2008 Page 28 Minutes Southold Town Board Meeting TO THE EMINENT DOMAIN PROCEEDING (INDEX NO. 06- 23054) COMMENCED IN THE SUPREME COURT OF THE STATE OF NEW YORK, SUFFOLK COUNTY, ON AUGUST 3, 2006, AND AUTHORIZING THE ISSUANCE OF $400,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Town Board), AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the “Town”), hereby appropriates $400,000 to pay the cost of acquiring the easterly half of the certain piece or parcel of land, containing one half of one acre, more or less, including the improvements thereon, situate adjacent to the Town Hall property, described on the Suffolk County Tax Map as P/O District 1000, Section 61, Block 1, Lot 3, to be used by the Town for the expansion of the existing Town Hall facility, previously acquired by the Town pursuant to the eminent domain proceeding (Index No. 06-23054) commenced in the Supreme Court of the State of New York, Suffolk County, on August 3, 2006. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000. The plan of financing includes the issuance of $400,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $400,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the land acquisition, to pay the cost for which $400,000 serial bonds herein authorized are to be issued, within the limitations of Section 11.00 a. 21. (a) of the Law, is thirty (30) years; however, the bonds authorized July 29, 2008 Page 29 Minutes Southold Town Board Meeting pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years after the date of original issuance of said bonds or notes. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized, or for such expenditures made before such effective date if the Town Board has made a prior declaration of intent to issue indebtedness therefor. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. (d) The Town Board has determined that the project described herein is a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law and 6 N.Y.C.R.R., Regulations Part 617.5 (C) (25) and therefore no further environmental review is required. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with July 29, 2008 Page 30 Minutes Southold Town Board Meeting substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, in substantially the form set forth as Exhibit “A” attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law, in the “THE SUFFOLK TIMES,” a newspaper having a general circulation in the Town and hereby designated the official newspaper of the Town for such publication. * * * July 29, 2008 Page 31 Minutes Southold Town Board Meeting Exhibit A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 29, 2008, APPROPRIATING $400,000 TO PAY THE COST OF ACQUIRING THE EASTERLY HALF OF THE CERTAIN PIECE OF PARCEL OF LAND, CONTAINING ONE HALF OF ONE ACRE, MORE OR LESS, SITUATE ADJACENT TO THE TOWN HALL PROPERTY, AND PREVIOUSLY ACQUIRED BY THE TOWN PURSUANT TO THE EMINENT DOMAIN PROCEEDING (INDEX NO. 06- 23054) COMMENCED IN THE SUPREME COURT OF THE STATE OF NEW YORK, SUFFOLK COUNTY, ON AUGUST 3, 2006, AND AUTHORIZING THE ISSUANCE OF $400,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Object or purpose: Appropriating $400,000 to pay the cost of acquiring the easterly half of the certain piece or parcel of land, containing one half of one acre, more or less, including the improvements thereon, situate adjacent to the Town Hall property, described on the Suffolk County Tax Map as P/O District 1000, Section 61, Block 1, Lot 3, to be used by the Town for the expansion of the existing Town Hall facility, previously acquired by the Town pursuant to the eminent domain proceeding (Index No. 06-23054) commenced in the Supreme Court of the State of New York, Suffolk County, on August 3, 2006. The Project has been determined to be a Type II Action having no significant environmental impact pursuant to the New York State Environmental Quality Review Act. Amount of obligations to be issued: $400,000 Period of probable usefulness: five (5) years A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Street, Southold, New York. Dated: July 29, 2008 Southold, New York July 29, 2008 Page 32 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-739 ? 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 2008-740 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute Agreements Between Harold’s LLC (Harold Cook) and the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Agreements between Harold’s LLC (Harold Cook) and the Town of Southold for the maintenance of the Pump Station of the Fishers Island Sewer District for a period effective June 1, 2008 through December 31, 2008, for the sum of $888.19 AND for the maintenance of the Grounds of the Fishers Island Sewer District for a period effective June 1, 2008 through December 31, 2008, for the sum of $495.57, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-740 ? 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 2008-741 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL/Cell Tower Moratorium Extension RESOLVEDfinds that the adoption of that the Town Board of the Town of Southold hereby the local law entitled “Temporary Moratorium on the Processing, Review of, and making July 29, 2008 Page 33 Minutes Southold Town Board Meeting Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ? Vote Record - Resolution RES-2008-741 ? 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 2008-742 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Inclusionary Zoning SEQRA RESOLVED “A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold” 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 July 29, 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-2008-742 ? 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 2008-743 July 29, 2008 Page 34 Minutes Southold Town Board Meeting CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/New Suffolk Parking Restrictions RESOLVEDfinds that the adoption of that the Town Board of the Town of Southold hereby the local law entitled “A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ? Vote Record - Resolution RES-2008-743 ? 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 2008-744 CATEGORY: Seqra DEPARTMENT: Land Preservation Sepenoski SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by John A. Sepenoski and Patricia Sepenoski pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-54-3-24.1. The address is 1655 Old North Road and the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane, in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9± acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it July 29, 2008 Page 35 Minutes Southold Town Board Meeting RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. ? Vote Record - Resolution RES-2008-744 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-745 CATEGORY: Seqra DEPARTMENT: Land Preservation ZIP Peconic Wells SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on part of a certain parcel of property owned by ZIP Peconic Wells, LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000- 86-1-10.9. The address is 2350 Wells Road, Peconic, New York, and is located at the southwest corner of NYS Route 25 and Wells Road in Peconic in the R-80 zoning district. The proposed July 29, 2008 Page 36 Minutes Southold Town Board Meeting acquisition is for a development rights easement on a part of the property consisting of approximately 30± acres (subject to survey) of the 32.83± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $83,000 (eighty-three thousand dollars) per buildable acre plus acquisition costs; now, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. ? Vote Record - Resolution RES-2008-745 ? 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 2008-746 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 7 Moratorium Cell Towers WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk July 29, 2008 Page 37 Minutes Southold Town Board Meeting “Temporary County, New York, on the 1st day of July, 2008, a Local Law entitled, 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”, and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Tow Board of the Town of Southold hereby the proposed Local “Temporary Moratorium on the Processing, Review of, and making Decisions Law entitled, on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold ” which reads as follows: LOCAL LAW NO. _7_ 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 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 July 29, 2008 Page 38 Minutes Southold Town Board Meeting 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- 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 July 29, 2008 Page 39 Minutes Southold Town Board Meeting 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 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. July 29, 2008 Page 40 Minutes Southold Town Board Meeting 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 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. July 29, 2008 Page 41 Minutes Southold Town Board Meeting 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-2008-746 ? 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 2008-747 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 9 Inclusionary Zoning 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”, a nd WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in Relation to amendments to Inclusionary Zoning Local Law entitled requirements in the Code of the Town of Southold”, reads as follows: Local Law No. _9__ 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 July 29, 2008 Page 42 Minutes Southold Town Board Meeting 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 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 if MIFDU units required in a subdivision shall be rounded up to the next whole number the fractional requirement is .50 or greater, and shall be rounded down to the next whole number if the fractional requirement is less than .50. [2] Upon application to the Planning Board, the requirement to build 20% of the July 29, 2008 Page 43 Minutes Southold Town Board Meeting 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 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. July 29, 2008 Page 44 Minutes Southold Town Board Meeting 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: § 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. July 29, 2008 Page 45 Minutes Southold Town Board Meeting 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 least three s 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 of their three years application. (4) Income eligible individuals/families who have previously lived for a minimum of three years one 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 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. July 29, 2008 Page 46 Minutes Southold Town Board Meeting (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 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. July 29, 2008 Page 47 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-747 ? 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: Aug 12, 2008 7:30 PM 2008-748 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 9 New Suffolk Parking 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” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to Parking Restrictions in the Hamlet of New Local Law entitled, Suffolk” reads as follows: LOCAL LAW NO. 8 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. 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 July 29, 2008 Page 48 Minutes Southold Town Board Meeting 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. 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 July 29, 2008 Page 49 Minutes Southold Town Board Meeting 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 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. July 29, 2008 Page 50 Minutes Southold Town Board Meeting 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 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 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-2008-748 ? 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 29, 2008 Page 51 Minutes Southold Town Board Meeting 2008-749 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Sepenoski Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by John A. Sepenoski and Patricia Sepenoski on the 29th day of July, 2008, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-54-3-24.1. The address is 1655 Old North Road and the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, t he purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and July 29, 2008 Page 52 Minutes Southold Town Board Meeting WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVEDelects to purchase a that the Town Board of the Town of Southold hereby development rights easement on agricultural land owned by John A. Sepenoski and Patricia Sepenoski pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-54-3-24.1. The address is 1655 Old North Road the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York. The development rights easement comprises a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board has determined that this action is consistent with the LWRP. July 29, 2008 Page 53 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-749 ? 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 2008-750 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation ZIP Peconic Wells Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by ZIP th Peconic Wells, LLC on the 29 day of July, 2008, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-86-1-10.9. The address is 2350 Wells Road, Peconic, New York, and is located at the southwest corner of NYS Route 25 and Wells Road in Peconic in the R-80 zoning district; and WHEREAS, the proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30± acres (subject to survey) of the 32.83± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, t he purchase price for the easement is $83,000 (eighty-three thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The Town may be eligible for grant funding from the United States Department of Agriculture 2007 Federal Farm and Ranch Lands Protection Program Funding for partial reimbursement of the purchase price; and July 29, 2008 Page 54 Minutes Southold Town Board Meeting WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended to the Town Board that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVEDelects to purchase a that the Town Board of the Town of Southold hereby development rights easement on agricultural land owned by ZIP Peconic Wells, LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-86-1-10.9. The address is 2350 Wells Road, Peconic, New York, and is located at the southwest corner of NYS Route 25 and Wells Road in Peconic in the R-80 zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30± acres (subject to survey) of the 32.83± parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $83,000 (eighty-three thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The Town may be eligible for grant funding July 29, 2008 Page 55 Minutes Southold Town Board Meeting from the United States Department of Agriculture 2007 Federal Farm and Ranch Lands Protection Program Funding for partial reimbursement of the purchase price. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board hereby determines that this action is consistent with the LWRP. ? Vote Record - Resolution RES-2008-750 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 44. 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 5:06 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Orlando, Krupski Jr., Wickham, Evans, Russell ABSENT: William Ruland VI. Public Hearings 1. PH Cell Tower COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1st day of July, 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”, AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main hold th Road, Southold, New York, on the 29 day of July, 2008, at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. July 29, 2008 Page 56 Minutes Southold Town Board Meeting “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 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. July 29, 2008 Page 57 Minutes Southold Town Board Meeting 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- 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 July 29, 2008 Page 58 Minutes Southold Town Board Meeting 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 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. July 29, 2008 Page 59 Minutes Southold Town Board Meeting 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 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. th I have a memorandum here dated July 28 from Jerilyn Woodhouse, the Planning Board chair, ‘Thank you for your request for comments from the Planning Board regarding the proposed extension of the moratorium. We support the extension of the moratorium to allow the Town adequate time to prepare and plan for wireless facilities that are compatible with the character of the Town. The Town has been working steadily towards completing a wireless communications plan. Towards that end, the Town Planning Director, who has been in regular contact with Walter Cooper, the wireless communication consultant who has been hired to work on the plan. Mr. Cooper has reviewed the Town code relevant to wireless facilities and drafted changes, has gathered the necessary information to determine the current wireless coverage and to make recommendations on future coverage and he is drafting planning guidelines for wireless facilities.’ I have a certification that this notice for public hearing has appeared as a legal in the local newspaper and it has appeared on the Town Clerk’s bulletin board outside. And I think July 29, 2008 Page 60 Minutes Southold Town Board Meeting those are the only substantive communications in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the extension of the cell tower moratorium? (No response) Okay, let’s close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Orlando, Krupski Jr., Wickham, Evans, Russell ABSENT: William Ruland 2. 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 COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 1st day of July, 2008, a “A Local Law in Relation to amendments to Inclusionary Zoning Local Law entitled requirements in the Code of the Town of Southold”, a nd NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main hold 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: 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. July 29, 2008 Page 61 Minutes Southold Town Board Meeting 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 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 July 29, 2008 Page 62 Minutes Southold Town Board Meeting 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 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. July 29, 2008 Page 63 Minutes Southold Town Board Meeting [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: § 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 July 29, 2008 Page 64 Minutes Southold Town Board Meeting 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 least three s 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 of their three years application. (4) Income eligible individuals/families who have previously lived for a minimum of three years one 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 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 July 29, 2008 Page 65 Minutes Southold Town Board Meeting 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 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. Also there is a question on rounding, I think when this was submitted as a legal to the newspaper and posted on the bulletin, the idea was that the rounding would always be up. But in the text that the Town Board discussed today and that I would like to relate to you all today, the rounding provision is as follows: If the fractional requirement is .5 or greater, it shall be rounded up to the next whole number and if the fractional requirement is less than .5, it will be rounded down. th I have, again, from the chair of our Planning Board addressed to the Town Board dated July 28, ‘Thank you for your request for comments from the Planning Board regarding the proposed amendments for inclusionary zoning, several of which are a result of recommendations of our Planning Board. We support the proposal.’ I have notices here that it has appeared as a legal in the local newspaper and it has also appeared out on the Town Clerk’s bulletin board. And I don’t believe there are any, thank you, this is from Mark Terry, who is our LWRP coordinator, July 29, 2008 Page 66 Minutes Southold Town Board Meeting th dated July 29. ‘The proposed local law on the amendments to inclusionary zoning requirements has been reviewed to Chapter 268, the waterfront consistency law. Based upon the information provided on the form submitted to this department as well as records available to me, it is my recommendation that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.’ SUPERVISOR RUSSELL: Okay. Would anybody like to come up and address the Town Board on the issue of this inclusionary zoning amendments? Melanie. MELANIE NORDEN: Hi, Melanie Norden, Greenport. How much is in the housing fund? SUPERVISOR RUSSELL: Right now? Next to nothing. MS. NORDEN: Next to nothing. Okay, and when we are talking about buyout, I understand we are going to be revising or reviewing that yearly. What would the typical buyout be at present? Based on the…. SUPERVISOR RUSSELL: The problem is right now the buyout is based on zoning. so I will give you an example, when the Heritage developer wants to buy out of the affordable housing there at the HD zoning, he is paying about $17,000 an acre or per unit about $34,000 per unit. What we did is we changed that and benchmarked the value per unit throughout the entire town. Every buyout now, if you want to buyout per unit, it is about $200,000. If you are required to build 10 units and you want to buyout five of them, under the current program depending where your zoning is, it would cost you anywhere from $34,000 per unit to $100,000 per unit. Under the new plan, all five units, no matter what the zoning is, are going to $200,000 for each unit. Or to buy out of five, you need to pay $1,000,000. MS. NORDEN: Okay. And you mean that is across the town, regardless of the location? SUPERVISOR RUSSELL: Regardless of the zoning. MS. NORDEN: Regardless of the zoning. SUPERVISOR RUSSELL: Right. MS. NORDEN: Okay. But will be based on the relative value of the lot or potential home in a particular location. SUPERVISOR RUSSELL: No. It isn’t now and it wouldn’t be under the new program. What it would be was it would be based on the relative value of that unit. The money we need to create it elsewhere. The current program doesn’t factor that in, when you can buyout at $34,000 per unit, it is a no brainer for the developer to opt out. What we are saying now is, if you want out, you have to pay us enough money so that we can recreate that opportunity elsewhere. MS. NORDEN: That is great. And has this been discussed at all with any potential developers July 29, 2008 Page 67 Minutes Southold Town Board Meeting to have a handle in any way about how this if this would in fact achieve what you hope to achieve… SUPERVISOR RUSSELL: No. MS. NORDEN: …which is…no, okay… SUPERVISOR RUSSELL: It is a mandatory inclusionary zoning, it is not a, it is not a give and take with developers. MS. NORDEN: I had a couple of other questions. It says here, one possible option would be the provision of loans from the buyout funds to assist residents to buy into existing housing stock. SUPERVISOR RUSSELL: Right. MS. NORDEN: Would they be buying into existing housing stock with the same restrictions as outlined in here? SUPERVISOR RUSSELL: Yes. MS. NORDEN: So the existing housing stock would be permanently affordable? SUPERVISOR RUSSELL: No. No. We are working on, we provided for that option in the law although we are still working on how would we finance. The idea here is to see if we can change the focus a little bit to use existing housing inventory rather than build new every time. Levittown approach to affordable housing isn’t necessarily always the best approach. We have a lot of inventory. How we are going to extend that, what we will do is we will charge the housing commission for recommendations on how to utilize that and how to use it to extend loans against existing homes etc. They will be making recommendations and bringing them back to us. COUNCILMAN KRUPSKI: It will be more of a revolving fund where the town would loan the money to a homeowner, they would buy a home from the existing market and then when they sold that home, somehow the money would come back to the town and then it could be re-lent. In the meantime, the people who bought that home could increase it in value by building on to it or they could improve it and they could build up their own equity. MS. NORDEN: yeah. That was the very thing though, that we wanted to avoid at some point by having permanently affordable… COUNCILMAN KRUPSKI: Yeah, but that money is going to come back, it is going to be a loan… SUPERVISOR RUSSELL: That is not true. COUNCILMAN KRUPSKI: So that money will come back to the Town. July 29, 2008 Page 68 Minutes Southold Town Board Meeting MS. NORDEN: In other words, the money that they will make on the re-sale? COUNCILMAN KRUPSKI: No, the money that we have given them…. MS. NORDEN: Well, the revolving fund, I understand, I think that is a great concept. The question I am asking is, what happens if in fact, they borrow XY and Z, they buy a house for $300,000, the improve it, they sell it four years later for $700,000. This is a very volatile market. What happens to the $400,000 profit? SUPERVISOR RUSSELL: What we are looking at is considering the approach, say we are going to extend a $200,000 loan, just for arguments sake. MS. NORDEN: Right. SUPERVISOR RUSSELL: Whether that $200,000 loan would be earned with fixed income, returned to the Town so that when we get that money back someday, we are getting the $200,000 plus interest or we are going to marry it to the equity growth. But you have to, I don’t think it is the goal of affordable housing to not let people earn equity. The goal is not lose the option to create affordable housing opportunities down the road. Some of the past programs, the problem with them wasn’t that people earned equity, was that got moved out of the housing inventory of the affordables. By turning it into capital, we will still have access to that inventory, it will just be in the form of money, instead of the former housing. On top of that, you are not building new housing, you are using the existing inventory and encouraging people to invest in it, fix it up and (inaudible). MS. NORDEN: No, I understand that but you are using, but you are also then, you are limiting then de-limiting that existing housing stock in perpetuity by allowing people to make a, to make the standard real estate profit on that. In other words, if you believe there is only the certain core amount of housing within the town that would ever be possibly within striking distance of somebody that wants an affordable unit, if you loan people the money which I think is great and having a revolving loan fund is great and making developers really pay the buyout is great, however, what you have really done is like in the case of either new developments or old ones, you have removed that house from future affordability. And at some point, you know, there will only be a certain core amount of housing stock within the Town of Southold that will be within the striking distance. So you have made some people, you have given some people the American dream which is fabulous but the housing stock, which would be there for other people in five or ten years from hence, may not be. SUPERVISOR RUSSELL: I have to disagree with that. I think the history of the real estate market in the last 15, 20 years in Southold Town saw opportunities that were virtually limitless with affordable opportunities back in the almost entire decade of the 90’s, almost every house was within striking distance of affordability. The distinction was people not having the money to buy them. That is why we built Gabriella Court, because we were grants to offset the purchase price but every house across the street in Mattituck Estates were selling for what they were July 29, 2008 Page 69 Minutes Southold Town Board Meeting selling for. Markets change, this will be flexible for these market changes. And there will be times that there will be a huge availability of affordable houses and other times where there might not be. That is why we will have the funds to create those affordable housing on the ground. In other words, you have to be, you have to work with the market you can’t be oblivious to it. There are times when the buying opportunities will be there, times when we will need to build. But what you need to do is get away from that same old model where every time you need housing you run out and build it. That is a bad model and it is at the end of the day, what really will…. MS. NORDEN: No, I absolutely agree with that, I mean, I do agree certainly with revitalization of current housing or present housing and I think that is really the way to go. My only question was, whether that present housing stock, once revitalized, would remain affordable. And that was a question that I had. SUPERVISOR RUSSELL: Yeah. MS. NORDEN: So the idea of loaning people money I think is great, using existing housing stock as opposed to depending on developers to create that kind of housing and sprucing up so many wonderful old houses around here by giving them a new lease on life, all of that is fabulous. My question just was, would those houses remain affordable? SUPERVISOR RUSSELL: No, they wouldn’t, that we can foresee. But I think you need to remember is that as time goes on, houses that were in good shape today become derelict tomorrow, so opportunities always present themselves. MS. NORDEN: Right. SUPERVISOR RUSSELL: And when they don’t, we can still build on ground. We still have, the idea is to create a fund that we can work with. You can’t create opportunities when you have no money. MS. NORDEN: Okay. The other question I had with respect to a developer having the opportunity to transfer the rights to another location, if in fact they did that, would the initial, would the fees that are in discussion, playground fees blah, blah, blah, would they be waived on the property that is to be developed? Even though, no… SUPERVISOR RUSSELL: Only the affordable. MS. NORDEN: Only the affordable. So if they relocate the affordables, there is no waiver of fees? SUPERVISOR RUSSELL: No waiver of fees for the standard subdivision. The waiver of fees would come in when we talk about the location of those five or six units elsewhere. COUNCILMAN KRUPSKI: And that is something that would be sort of pre-determined by the July 29, 2008 Page 70 Minutes Southold Town Board Meeting Planning Board before the application goes through the process. It wouldn’t decide at the very end where they are going to relocate the affordables to. MS. NORDEN: Right. COUNCILMAN KRUPSKI: There would be sort of a planned, staged event. There wouldn’t be any surprises at the end. SUPERVISOR RUSSELL: That is one component that is most problematic for me, personally. But again, it is in the legislation so that we have flexibility as we go down the road because I don’t think you are going to solve affordable housing with one singular approach. You need to be as open minded as possible because the challenges differ from market to market, buyer to buyer etc. And you need to have that flexibility. MS. NORDEN: Right. Thank you. SUPERVISOR RUSSELL: Sure. Would anybody else like to address the Town Board on this issue of ….Philip Beltz. PHILIP BELTZ, SPECIAL PROJECTS COORDINATOR: Good evening. Philip Beltz, Special Projects Coordinator. There is a slight omission. The Housing Advisory Commission sent a th letter on July 10. No one is here from the Commission, so I would like to just briefly read it and also echo my agreement with her sentiment. ‘The Housing Advisory Commission has reviewed the proposed alteration, additions, revisions to the Town’s inclusionary zoning code as well as definitions and requirements for eligibility for the Town’s affordable housing program. We have found the proposed amendments to be well thought out and wholly satisfactory. If enacted, compliance with inclusionary zoning regulations will be less complex and more manageable than current regulations. The proposed changes will offer desirable flexibility for both developers and the Town. The Housing Advisory Commission believes that the new sections cover more areas and with specificity, thereby requiring less interpretation. The new language and proposed code changes will clarify and support the intent of the Town’s affordable housing policy which is to increase affordable housing opportunities for Town residents, particularly for those over age 55. In summary, we fully endorse the proposed legislative changes and urge the Town Board to do the same. Thank you.’ And then, I personally as Special Projects Coordinator would like to just offer that we have been working, working with the Town Board for well over a year and discussing many of these changes. And I think that sound policy is really looking at certain things that you have enacted in the past, see what works, what doesn’t. I in particular like the flexibility, I like the ability to locate elsewhere, the buyout option, the incentives for developing the moderate income family dwelling units, building them, also the legislation requires that the MIFDU’s be built concurrently with the market, so that way somebody doesn’t just build the market element and then walk away and then lastly, I strongly encourage that the revisions to age restricted housing in the event of the development of age restrictive housing, that it provides the original intent which is for our own local residents, allowing them opportunities to be residents. Thank you. July 29, 2008 Page 71 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: I am sorry, Phil, but during the work session, we, you used one of my proposals. You used the word brilliant. We are on TV tonight, don’t shy away. Would anybody else like to address the Town Board on the issue of inclusionary zoning? Tom. TOM MCCARTHY: Good afternoon, Tom McCarthy, Southold. I applaud the town on the change, I think it is a great way to go. We are changing the formula, the previous formulas did not allow for one affordable housing unit to be built. With the rounding issues, the way that the math worked out, you could only build zero and then it jumped to two. Now there are some smaller subdivisions that allow that developer to build one affordable unit. I have a couple of questions just on what formula is being used. is there a particular formula or is it just the consensus of the Town Board for the buyout of… COUNCILMAN WICKHAM: The regulation, as we are about to enact on it, says that the figure will be adopted each year by resolution of Town Board. We have not yet adopted, the Supervisor mentioned earlier on the formula that would be pegged to the median family income in Suffolk County. That figure, if you use that same formula, would be on the order of $200,000. But we haven’t adopted that yet. I think there is going to be some discussion on the part of the Town Board. My own view is, it should be higher than that. But different Board members will have different points of view. I don’t think it will be any less. SUPERVISOR RUSSELL: Let me just, when we tried to wrestle with the idea of creating a buyout proposal, my original proposal was to marry it to the market. Develop a median price for entry level housing as it exists. Develop the sale price based on HUD guidelines for affordable entry level housing and the difference between those two would be the buyout option because that would be the gap we needed to close to get people into the housing. What happened was, markets change. Right now to do an appraisal on entry level housing would be nearly impossible. We don’t even have a selection of sales. The idea was, HUD comes in each year and establishes income guidelines for our programs. What we were doing was taking the median income for a family of four, if I am not mistaken, and multiplying that by two. And that would give you the buyout option per unit. It is established annually by HUD, we multiply it by two. That gives the buyout cost each year. It is empirical, it is traced forward, it doesn’t require discretion in, after the appraisal practice which is fairly uncertain, it is a very empirical, straightforward way to do that. It also more or less reflects some thinking in the State of New York with regard to creating buyout options for inclusionary zoning. MR. MCCARTHY: Okay. The only thing, I might ask you to be flexible in the future is interest rates change and incomes don’t, it will change your spread of affordability, depending on mortgages that are available in the market. Today we have very low interest rates, in the sixes and sevens…. SUPERVISOR RUSSELL: Sure. MR. MCCARTHY: We have got a mortgage rate environment that is in the nines or tens with median income that really doesn’t move substantially and affordability is still going to change based on the monthly payment for those individuals. July 29, 2008 Page 72 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: It will be. And again, you have to be cognizant of markets and they are not always perfect. I talked about the 1990’s before. You and me both know there were houses out there a dime a dozen at $135,000 or less but the interest rates at 9 and 10 percent made them untouchable. The idea here is to create the income for the town, with a meaningful buyout so if we are not going to get the housing on the ground, we are at least going to get the resources to create meaningful housing elsewhere through a variety of options, existing housing stock, building with site locations you know, sponsoring the construction ourselves, perhaps offering loans against existing housing stock, perhaps creating accessory apartments. It is, you know, again, you can’t create options when you have no money. At least this provides a menu of options for the Town. MR. MCCARTHY: It is great to have more tools in the toolbox that you had before, depending on when the opportunities present themselves. The last question is, in looking at the code itself, can you meet the requirements and the intent of the code by creating an affordable rental? If you are doing, let’s say, a subdivision and you come up with X number of units that need to be created. I believe if you look at the code, you need to create an MIFD unit. Can you accomplish the goal of affordable housing by creating something that is permanently affordable on the rental side as opposed to the purchase side? And how does that tie in? SUPERVISOR RUSSELL: I would refer that to the Housing Commission, to let them evaluate those proposals and you know, it is their charge to determine how we meet these needs and certainly the affordable rental approach is a realistic or viable option perhaps but I want them to know more about the details and then refer to the Town Board what their thoughts are. COUNCILMAN WICKHAM: The code currently provides for that. MR. MCCARTHY: I see that as being perhaps a more accomplishable option in many of the downtowns than perhaps the creation of another unit with the inherent costs that are associated with it. SUPERVISOR RUSSELL: Right. MR. MCCARTHY: I would encourage you again to look at, I know that this code started off a number of years ago when we started having the five acre versus two acre debate and this was included in some of that legislation. I would encourage the Town Board maybe take another look at it in 24 months and see how are we doing, just to kind of put a dipstick into the process. No units have been created since the first legislation came along, you are giving it a great chance to really make something happen today. I would encourage you to look at it again in 24 months and see if the changes today were really effective in trying to accomplish what you are setting out to do. SUPERVISOR RUSSELL: Thank you. MR. MCCARTHY: Thank you. July 29, 2008 Page 73 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on the issue of inclusionary zoning? COUNCILMAN KRUPSKI: Well, I just wanted to give the last Town Board credit for passing the inclusionary zoning in 2004 because that is really the foundation that we are building this on. And then that plus the Supervisor’s brilliant idea of a year and a half ago…. COUNCILMAN ORLANDO: I don’t recall that word being used. SUPERVISOR RUSSELL: You weren’t there. COUNCILMAN KRUPSKI: But it was a very good idea and I am glad to see that we are on our way to implement it. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Orlando, Krupski Jr., Wickham, Evans, Russell ABSENT: William Ruland 3. PH 7/29/08 @ 4:45 Pm Parking Restrictions in NS COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN WHEREAS, COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1st “A Local Law in relation to Parking Restrictions in day of July, 2008 a Local Law entitled the Hamlet of New Suffolk” and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main hold th Road, Southold, New York, on the 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 July 29, 2008 Page 74 Minutes Southold Town Board Meeting the hamlet of New Suffolk has resulted conditions that impact the public health, safety and welfare venue. 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. 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 July 29, 2008 Page 75 Minutes Southold Town Board Meeting 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 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 July 29, 2008 Page 76 Minutes Southold Town Board Meeting 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 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 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. That is the substance of the public hearing tonight. SUPERVISOR RUSSELL: Would anybody like to come up and address the issue of parking July 29, 2008 Page 77 Minutes Southold Town Board Meeting restrictions in New Suffolk? COUNCILMAN WICKHAM: I do have a communication here…. SUPERVISOR RUSSELL: Oh, I am sorry, Tom. COUNCILMAN WICKHAM: …from the Planning Board. ‘Thank you for your requests for comments from the Planning Board regarding the proposed parking restrictions in New Suffolk. The new signage restrictions implement New Suffolk hamlet stakeholders recommendations for increasing traffic safety and for alleviating parking congestion in New Suffolk. We support the proposal.’ I have notification that it has appeared as a legal in the local newspaper and it has appeared outside on the Town Clerk’s bulletin board. I don’t think we have anything else. SUPERVISOR RUSSELL: Okay. Jim. JIM BAKER: Good evening. I am Jim Baker, resident of New Suffolk. Thank you for doing this, I did participate in this hamlet stakeholder process and this pretty much represents one of the elements that we requested, almost verbatim. I do have a question, however, on the last section, the one that Tom sort of struggled with reading. I did, too. I understand that the seven larger trailer spaces will be further limited, restricted parking to “trailers bearing Town of Southold resident or lessee parking permits.” Now how does this permit differ from the so- called beach permit, which is the Southold Town permit because these beach permits as you know or may not know, are available or used to be available in Nassau County at bait shops for a daily permit parking. So in other words, people from Nassau County could come down to our boat ramp and use it for a day, okay? And I think the idea of this wording was to prohibit that. But I don’t, I have never heard of a Town of Southold resident or lessee parking permit. TOWN ATTORNEY FINNEGAN: You are absolutely correct, that is the intention. There is the resident permit is the permit and Betty, correct me if I am wrong, that you get at the Town Clerk’s office not the day permit that you can get at a bait shop. Those permits that you can get at a bait shop can’t be used for the trailer spot. MR. BAKER: I mean, because those permits for the police to identify them, you simply got it and placed it on your dashboard. But now it is going to have to be literally the beach permit? SUPERVISOR RUSSELL: Let me clarify, first of all, we eliminated the sale of all those permits etc. from the bait shops… MR. BAKER: Okay. Thank you. SUPERVISOR RUSSELL: You have to buy them at the Town Clerk’s office. What it really does is it bifurcates that community or that area because we have two separate assets. We have the beach and we have a ramp. What this basically says now is that the ramp traffic has to be by resident permit or lessee permit only. That is what you get to use the other beaches in Southold Town. You can’t get the day pass that you are still allowed to get and use the beach, but you July 29, 2008 Page 78 Minutes Southold Town Board Meeting can’t come in and for one day and get a guest permit and use the ramps. MR. BAKER: That would be the sticker. SUPERVISOR RUSSELL: You can use the ramp, you just can’t park there. MR. BAKER: You can’t park. That is the point. SUPERVISOR RUSSELL: You just can’t park there, it is for Town residents only or lessee’s only. MR. BAKER: Right. So that will help our local, hardworking baymen then, hopefully. SUPERVISOR RUSSELL: Let me just tell you, New Suffolk challenges everything we do and it is sort of like pressing on a balloon because it is going to pop out somewhere else. We know that. I think it was Councilman Wickham that had probably the best idea in trying to resolve this, which was let’s start finding sites for new boat ramps. If you want to get the pressure off of New Suffolk, you need to find a new location. He had made that a recommendation. I talked to the Dredging Advisory Committee, who is a very good active group at maybe siting new ramps. One of the best ways of reducing that traffic there is making sure it is not the best asset in Town, yet our two best assets happen to be located in a tiny, little village. The answer is to find alternative locations to spread out the burden throughout the community. MR. BAKER: I think this will help. Thank you. SUPERVISOR RUSSELL: Okay, Jim. Would anybody else like to come up and address the Town Board on this? Gerry? GERRY SCHULTHEIS: Gerry Schultheis, New Suffolk. Thank you for the opportunity to speak. I would like to present you with some photographs that I took that will back up some of my comments. The issue that I would like to address is the situation that exists at the intersection of First Street and Orchard Street. It is a situation that is, really needs to be addressed and there is a couple of ways of addressing it. Bur first let me outline what the situation is. As you come down Orchard Street towards Third Street and you get to the intersection of First Street, if you look to the right, you can’t see any traffic at all on First Street because of the vegetation that is growing on that corner parcel. Okay? That is an issue that I brought up with the code enforcement officer, he indicated that it was something that could be addressed. Nothing has ever happened with that. The other situation you have, is if you look at the parcels on the south side, on the east side at the end of First Street, on the northern end of First Street, you have got two parcels there that have put planters in front of their houses that are impinging into the right of way. They are permanent structures. They are limiting the width of the right of way, on the other side of the street, you have a residence, the same residence with the vegetation that has established perpendicular parking for their cars, they have put stones in the street to basically protect their grass but you are limiting the right of way there as well. One of the pictures I gave you shows a truck parked in front of one of those houses and another vehicle July 29, 2008 Page 79 Minutes Southold Town Board Meeting driving by and there is only room for one vehicle at a time. If there is a vehicle parked in front of either of those houses, there isn’t room for two vehicles to pass and the some of the potential solutions are a stop sign at the end of Orchard Street to at least slow down the traffic, prohibiting parking on the east side of First Street to eliminate narrowing the right of way or enforcing the code and removing the vegetation that is blocking the view. SUPERVISOR RUSSELL: Okay. Let me just address, to suggest it is not moving forward isn’t true, it is. We have a hamlet implementation panel. That is the panel of Town employees that are now charged with the responsibility of seeing through the requests that were made by the hamlet stakeholders. We are getting there, New Suffolk, again, one step at a time. We have some of the parking issues addressed tonight, we know that tonight is not going to solve all of the issues in New Suffolk, we probably create a problem elsewhere in New Suffolk, we are ready to address that. We have already talked about going out and looking for those encroachments in the right of way in New Suffolk. We have the code enforcement officer, the highway superintendent and the captain of the police that are going to go out and do an inspection of all those areas and notify people to cut back, move back or do what they have to do to free up those rights of way. Everything is getting done, it is just getting done in an orderly process. But I do understand the problems that are down there. New Suffolk is without a doubt an absolute Rubik’s cube. You can’t make all the colors match but we are getting there, one step at a time and we wanted to get some of this stuff done because this is required with code language and code changes, the other things require knocking on doors and we do have every intention on seeing that through. MR. SCHULTHEIS: That is great. One of the issues I didn’t really address in my letter but I thought about it driving here is the issue of the new boat ramp. I guess there is some question as is there any limit on the size of the boats that can use that boat ramp? COUNCILMAN KRUPSKI: There is a sign there, it says 26 feet. MR. SCHULTHEIS: Oh, the sign says 26 feet, I recently purchased an 18 foot little outboard myself and at dead high tide, I had difficulty getting that off a trailer. The way that new ramp was constructed, the end of it was constructed with a very narrow approach into the water itself and my other concern is, I did observe them making that slab that they put in there, that is not a slab that is resting on the ground, it is a slab that is supported on wooden beams and the steel reinforcement that was put into there was for temperature and crack control purposes only and nothing to support the load that a 26 foot trailer and boat might impose on that slab. SUPERVISOR RUSSELL: I would strongly recommend, the Trustees had actually oversaw that project and I would recommend that you bring those concerns to the Trustees so they can talk to the contractor, to make sure it was done to their satisfaction. But I do know that that was within their bailiwick to negotiate, for the construction of that boat ramp. MR. SCHULTHEIS: Okay. Thank you. SUPERVISOR RUSSELL: Hi, Lauren. July 29, 2008 Page 80 Minutes Southold Town Board Meeting LAUREN GRANT: Good evening, members of the Board. Lauren Grant, New Suffolk resident. Just one quick question and that is, how long will it take the state to enact this law? SUPERVISOR RUSSELL: We, this is actually town roads, town law. The signs will go up when we adopt it or if we adopt it this evening. I don’t forecast any opposition. MS. GRANT: It has been a long haul. Thank you very much for your efforts. SUPERVISOR RUSSELL: We are not done, we know that we will have other issues and challenges down the road. MS. GRANT: Oh, yeah. You have got to get those walkers that park their cars and walk to the beach. But thank you very much for your efforts. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on parking restrictions in New Suffolk? (No response) Hearing none, let’s close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Orlando, Krupski Jr., Wickham, Evans, Russell ABSENT: William Ruland 4. Set Public Hearing For Tuesday, July 29, 2008, at 4:50 P.M., for the Purchase of a Development Rights Easement on Property Owned by ZIP Peconic Wells, LLC COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) sets Tuesday, July 29, of the Town Code, the Town Board of the Town of Southold hereby 2008, at 4:50 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by ZIP Peconic Wells, LLC. Said property is identified as part of SCTM #1000-86-1-10.9. The address is 2350 Wells Road, Peconic, New York. The property is located at the southwest corner of NYS Route 25 and Wells Road in Peconic in the R-80 zoning district. The proposed acquisition is for a development rights easement consisting of approximately 30± acres (subject to survey) on the 32.83± acre parcel. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $83,000 (eighty-three thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. July 29, 2008 Page 81 Minutes Southold Town Board Meeting The Town may be eligible for grant funding from the United States Department of Agriculture 2007 Federal Farm and Ranch Lands Protection Program Funding for partial reimbursement of the purchase price. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have in the file a short environmental assessment form, duly filed and signed and a notice that this public hearing has been duly printed as a legal in the local newspaper and it also has appeared on the Town Clerk’s bulletin board out here in the hallway. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this acquisition? State your name, please. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Once again, Melissa Spiro, Land Preservation Coordinator. As noted, this hearing is for the Town’s purchase of an easement on approximately 30 acres of a 32.8 acre farm. The farm had been leased and is leased for sod and it has been that for quite a while. It is currently planted in buckwheat, which I heard was mowed today. The landowner is reserving approximately three acres from the easement. The reserved area is located off Wells Avenue on the south side of the property. You can see it on the aerial map with the little white dots. The landowner intends to go before the Planning Board to obtain an approval for a conservation subdivision for two residential lots within that reserved area. The farm includes both agricultural and scenic values and it contains a significant amount of road frontage on both Main Road and Wells Avenue. The Committee worked with the landowner in order to preserve the scenic view shed in addition to preserving the property for agricultural purposes. The landowner has agreed to limit any future agricultural structures to one of two areas, either within a one acre area on the northwest side of the property or within a one acre area on the southeast side of the property on Wells Avenue. Agricultural structures will be in these areas, in either one of these areas, will additionally be limited to lot coverage of no greater than two percent of the entire easement area. The farm is made up of prime ag soils and it is adjacent to 37 acres of land which is already protected with a Town development rights easement. The preservation of this property will extend that block of farmland to the east. The property acquisition will be funded from the Community Preservation Fund and as mentioned, the Town may be eligible for a grant from the federal government or the farm and ranchland protection program. That would account for 50% of the purchase price. The Committee and I both support the project and as usual, we thank the landowner for allowing us to proceed with this. COUNCILMAN WICKHAM: Do we know who the landowner is? July 29, 2008 Page 82 Minutes Southold Town Board Meeting MS. SPIRO: The landowner’s name is Lloyd Zuckerberg. That may be where the Z comes from, I am not sure. It is in an LLC. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this acquisition? (No response) Okay, let’s close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Orlando, Krupski Jr., Wickham, Evans, Russell ABSENT: William Ruland 5. Set Public Hearing For Tuesday, July 29, 2008, at 4:55 P.M., for the Purchase of a Development Rights Easement on Property Owned by John A. Sepenoski and Patricia Sepenoski COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town sets Tuesday, July 29, 2008, at 4:55 Code, the Town Board of the Town of Southold hereby p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by John A. Sepenoski and Patricia Sepenoski. Said property is identified as part of SCTM #1000- 54-3-24.1. The address is 1655 Old North Road and the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 45.9± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have notice here that it has appeared as a legal in the local newspaper, it has also been posted out here on the Town Clerk’s bulletin board. In the file there is a short environmental assessment form, duly signed and filled out. And what else do we have? That is all. July 29, 2008 Page 83 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this acquisition? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, I Melissa Spiro, the Land Preservation Coordinator. Before I start I would just like to note for the record that this property is owned by relatives of John P. Sepenoski, who is currently the chair of our Land Preservation Committee and John has not participated in, been in any of the rooms or voted on anything to do with this project. As read into the record, this hearing is for the Town’s purchase of a development rights easement on close to 46 acres of a 53.9 acre farm. The average farm in Southold is under 20 acres, this farm is over twice that size making it its own significant block of farmland. Preservation of this farm as you can see or can’t see on this map up front, extends an already preserved block of farmland to the north. The farm is planted in potatoes and traditional row crops, as it has for I believe three generations. Majority of the farm contains good agricultural soil worthy of protecting for its continued agricultural use. The landowners are reserving eight acres for an easement. This area includes some but not all of the frontage on Old North Road. I think it includes about half that frontage. The reserve area is shown on the map in front with the dotted white lines. Once the Town purchases the easement, over 85% of the farm will be preserved for agricultural purposes in perpetuity. The purchase price is supported by the appraisal and the purchase will be completed using funds from the Community Preservation Fund. If all goes smoothly, it is expected that we will close on this late September, probably more likely in October. The Land Preservation Committee, with the exception of John Sepenoski, are in support of this project and we recommend that the Town Board proceed with the resolution to purchase this easement. Of course, as usual, the Town could not have proceeded with preservation without the landowners and I wholeheartedly thank the landowners for allowing us the opportunity to preserve this valuable farmland. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on this particular acquisition? COUNCILMAN WICKHAM: Are the landowners here tonight? SUPERVISOR RUSSELL: I don’t see them. Okay, let’s close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Orlando, Krupski Jr., Wickham, Evans, Russell ABSENT: William Ruland Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the agenda. Would anybody like to come up and address the Town Board on any issue? Melanie? Melanie Norden July 29, 2008 Page 84 Minutes Southold Town Board Meeting MELANIE NORDEN: Melanie Norden, Greenport. A number of town residents have recently expressed concern about the code enforcement issue in Southold and a lot of the times people come up to me and say that processing is very hit or miss. With many more misses than hits. Last week I spoke to Ed Forrester yet again, about a property in Greenport that I was concerned about and he told me point blank that he refused to issue any kind of citation or whatever it is he does because he didn’t want to “piss off” the property owner. Then he managed to issue citations or violations orders or whatever it id that he does do, to a business owner across the street. Across Route 25. Selective application of the code I think, is an issue of very great concern. It might even be construed by some people as a form of corruption since it means that the code or law is not being applied equally to all. I have a suggestion. Since we have a number of different committees in the Town of Southold, perhaps we should think about a code enforcement committee. And in the interest of equitability, I would like to suggest that by my reckoning probably 99.9% of the offenders are men. So I would like to see this committee comprised almost exclusively of women. Because I believe quite honestly, that women have a different aesthetic. That I believe that we are the keepers of the hearth and home, that we are interested in beautification and I think that that has been a rule for women since time immemorial but I also believe that a SWAT team of women, well informed regarding the code would go far to resolving many of these outstanding issues. Because I do believe that these offenders, once confronted with women approaching their properties might think very seriously of getting it into full compliance. But that aside, I really would like to encourage the Town to think about a committee for code enforcement. We have the land preservation, tree committees, all sorts of architectural review committees. Why not a code enforcement committee comprised of concerned citizens who would work with the code enforcer, hopefully more than one code enforcer as of November and think seriously about using a committee to create a certain amount of community concern that might translate into encouraging offenders to toe the line. SUPERVISOR RUSSELL: First you need to understand, well, we are talking about people that have knowledge about the code, please understand that he did everything that he should have done down in that area. The one applicant you have a problem with, it is in the process. He is in for site plan. MS. NORDEN: Yeah, I know that. SUPERVISOR RUSSELL: The Planning Board would refer any of the outstanding violations to him. Selling firewood is a casual sale, it is not prohibited in the town code. I realize you filed a complaint on that but it is not prohibited… MS. NORDEN: That wasn’t my complaint. SUPERVISOR RUSSELL: That was everything that was relayed to me. The outstanding issues there are being covered by the Planning Board. Across the street, it wasn’t a citation, it was a notice to get him in to get him in the process for planning and as it turns out, he had some outstanding approvals years ago to operate a, I guess, car rental company. The idea is to get him in and through that process. July 29, 2008 Page 85 Minutes Southold Town Board Meeting MS. NORDEN: Right. SUPERVISOR RUSSELL: Firewood, casual sales, they are not against town code…. MS. NORDEN: It wasn’t an issue with the firewood but that aside… SUPERVISOR RUSSELL: Okay. Also, I have to tell you, I inspected property in this Town for 15 years and the mere suggestion that it is 99.9% of the men that are the violators has no understanding of who is willing to violate the code. It is just not the case and it is almost offensive that you suggest that…. MS. NORDEN: Well, alright. So then the point is, how about a code enforcement committee? SUPERVISOR RUSSELL: I think we have a town government to do that and I know that we have a long way to go but we have been turning the tide and we will certainly, over the next few months evaluate some changes as people head into retirement, perhaps the Town Board needs to talk about moving it back into the Building Department. The structure of it, things like that. But we have been making progress. I know Ruth has been participating with me for about two years now on code review, code enforcement review committees, comprising all the department heads and everybody else. MS. NORDEN: Right. But would you consider having another committee that is like many other functioning committees that is made up of citizens? SUPERVISOR RUSSELL: I wouldn’t, you can ask the rest of the Town Board. I don’t think that would be necessary. COUNCILMAN WICKHAM: I would like to respond. First of all, what, many of your comments resonated with me tonight. I have the feeling, many of your comments I think are accurate and I understand where they are coming from. Before we adopt a committee, the Town Board needs to deliver a charge to the committee. We need, the Board, needs to get itself together and decide what we really want. We have not done that as a Board. We have never really sat down and discussed the issue that you have brought before us tonight. Before we establish a committee, we need to establish a direction. What do we want? Do we want, how do we want the code to be enforced? And it is not an easy question. My suggestion to the rest of the Board would be to schedule a meeting, at a meeting of the Town Board, in the near future, a discussion section on enforcement of the code. The issue that you brought to us tonight. To get the Board itself to try to get a consensus of the Board where we want to go and then start moving there. In fact, many of the things Scott said I agree with. There is a state of flux. Perhaps the building department should be pulled into it and play a greater role. There will likely be a retirement in the code enforcement employment system shortly. There are a lot of things in flux. The Town Board needs to deal with this as a Board, not any one person. We haven’t really had that discussion yet. That is the discussion that I feel needs to take place. COUNCILMAN KRUPSKI: But would men be allowed to discuss it? July 29, 2008 Page 86 Minutes Southold Town Board Meeting COUNCILMAN ORLANDO: The code enforcement committee that you are talking about is, it would be a code committee enforcement, that has enforcement; you know, it kind of reminds me of the wild west. You are putting together a posse and deputizing people to go out there and…. MS. NORDEN: No but I mean but you have a deputized tree committee, you have a deputized… COUNCILMAN ORLANDO: Inaudible. MS. NORDEN: But many of your committees play a role that is very pro-active and … SUPERVISOR RUSSELL: We have done that and…. COUNCILMAN ORLANDO: An enforcement committee is… SUPERVISOR RUSSELL: I will disagree with…. MS. NORDEN: I didn’t say, I am not suggesting that the committee necessarily enforce but all the people or many of the people that are, comprise the committees that the town does have, do play a very proactive role in the charge of their committee. For example, Land Preservation Committee. Many of those people go out, look at land, look at trees, I mean, look at whatever is within the purview. The Architectural Review Committee, within the purview of the subject of their committee. So that is what I am simply suggesting. Yes, I think a SWAT team, I am being sort of tongue in cheek. I do think it would clean things up but nevertheless I mean, seriously, all kidding aside, there are many other committees, those committees actively and proactively, look at the charge that they are given and I think a code enforcement committee might be something to consider. SUPERVISOR RUSSELL: The charge is a much bigger challenge than you can imagine. For over two years and I have brought, actually, I have had these work groups with all the department heads around the table, building personnel, ZBA, all of these people around the table to bring their solutions. Everything we have done I have brought to the Town Board, we have had code enforcement discussions in the past. One of the things the Town needs to do is to hone its tools to enforce the code. A rental permit law that I brought to the table several times in my first two years, it got nowhere. We need to revisit that. But it is not just enough to identify the problems, you need to figure out how you can legally fix those problems. We put together a host of changes to the fines, to raise them from $500 to $10,000. Now I need judges willing to impose those fines. MS. NORDEN: I know. SUPERVISOR RUSSELL: It is a big process and we are getting there, believe me, that is the one area I have been most frustrated at, is the lack of progress. But there is a lot to it and there is a lot to it at the state level, at the town level, each department head, which is the custodian of July 29, 2008 Page 87 Minutes Southold Town Board Meeting their requirements such as site plans or ZBA decisions. Everybody needs to have a stake in this process. The community just driving around telling on each other isn’t really the best approach to code enforcement. MS. NORDEN: Scott, I am not. SUPERVISOR RUSSELL: I am not suggesting you are, I am saying that is literally the process we have. And it is not a process that works well. The fire department had some very helpful, they know that there is a problem out there. Each of the fire departments have been helping me as much as they could but we do need a much more systematic approach. COUNCILMAN KRUPSKI: But if we are going to reevaluate the code enforcement system and sort of restructure it, which is a very good idea, I am not, then we should, I don’t know if we should have a committee, we should have the discussion about having a committee but if not, we certainly welcome public input…. SUPERVISOR RUSSELL: Right. COUNCILMAN KRUPSKI: To make it more efficient and as you said, even handed. MS. NORDEN: Right. COUNCILMAN WICKHAM: I would like to say, the town’s code enforcement system is essentially broken. We need to fix it. The fix can, fixing it can only come from the full Town Board. It is not a question of meetings with department heads and committees, the Town Board needs to get itself together and I don’t, I have been on the Board for quite some time, we have never had an agenda item specific to fixing the town’s code enforcement problems. MS. NORDEN: Right. SUPERVISOR RUSSELL: I will give you one and clear example, we had no paper trail of complaints that were filed. We developed a system and a complaint form so that, and I went and bought the guy a file cabinet so he would keep track of this stuff, so there was a clear understanding of where the complaint started and where it was resolved. Too many complaints were falling into the black hole. I brought that to the Town Board, we went over the protocol as to who gets violated and who doesn’t. We have done all of those things. We have had all hands on deck. The councilman himself even showed up to a meeting or two. They weren’t secretive, they weren’t clandestine, they were very public meetings very well attended by just about everybody in town hall and you need everybody because, again, each of those Boards, only Ruth knows what conditions were placed on a ZBA decision she had made with her board, so you need them to help you in the process. It is not just violations of the code, it is violations of decisions of the ZBA, violations of Planning Board requirements. It is all of those things. You need a much more comprehensive outlook. MS. NORDEN: No, I agree and I think your administration has gone very far in creating some July 29, 2008 Page 88 Minutes Southold Town Board Meeting of those things. I mean, please don’t consider this an over arching criticism of your administration. I mean, this existed times ten when Josh was the supervisor, times maybe 20 when Jean Cochran was the supervisor. I don’t know, but the bottom line is, it is something that has been an historic problem in the Town of Southold. You have made a lot of strides, however, things like the fines don’t really matter if in fact we are not going to enforce the code to begin with. SUPERVISOR RUSSELL: Fair point. MS. NORDEN: So I am simply suggesting maybe a committee might be too much, maybe having a community input session or putting it on an agenda and some way or another might be something to talk about. Not so much so people could turn in their next door neighbor for too high a hedge, but so we could all talk about ways in which we can improve the Town. Again, I point out that East Hampton has eight, Southampton has six code enforcers. This may simply be a function of utter under employment, so when you are looking forward to what is happening in November, we have talked about maybe increasing the department. You know, maybe he needs to have more employees, I don’t know. But whatever it is, I think we are not doing the job that we could be doing and I think we all acknowledge that and now the question is, are we going to find some very applicable solutions that would work short and long term. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board? Mrs. Egan? Joan Egan, East Marion MS. EGAN: Joan Egan, East Marion. I don’t know whether it was the weather or what or maybe it was too much noise, but I didn’t hear those helicopters during that storm. Maybe they couldn’t get up. Now there is no dog beach whatsoever in the Town of Southold. COUNCILMAN WICKHAM: There is no what? COUNCILMAN ORLANDO: No dogs allowed on the beaches. MS. EGAN: Hmm? COUNCILMAN ORLANDO: No dogs allowed on the beaches. SUPERVISOR RUSSELL: I don’t know that to be, is that correct? COUNCILMAN ORLANDO: On town beaches. SUPERVISOR RUSSELL: Generally the town’s open spaces are allowed for dogs that are leashed. MS. EGAN: Hmm? SUPERVISOR RUSSELL: If I am not mistaken. Arshamomaque and those other preserves. July 29, 2008 Page 89 Minutes Southold Town Board Meeting Arshamomaque and those other preserves we have generally allow for dogs. COUNCILMAN ORLANDO: The trails. SUPERVISOR RUSSELL: The trails. MS. EGAN: And what is the status of our animal shelter? SUPERVISOR RUSSELL: It is, we will have the discussion in two weeks with Jamie Richter who is overseeing the project. It is nearing completion. We just had, I think, gas hookup for heating and for other things. It should hopefully be done very shortly. MS. EGAN: And (inaudible) SUPERVISOR RUSSELL: We are in good shape. MS. EGAN: Now I was at the Greenport meeting last night and something came up, how much assistance do the Southold police help Greenport with their local laws other than moving and parking? They don’t? SUPERVISOR RUSSELL: They don’t generally enforce the zoning laws of the Village of Greenport, they generally don’t enforce the zoning laws of the Village of Greenport, if that is what you are asking, no. MS. EGAN: They can’t do everything. They have enough of their own. Okay. So my usual cell phones, see something, say something and (inaudible). Nighty night. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Benja? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Benja Schwartz, Cutchogue. Yesterday the Planning Board had the Heritage at Cutchogue application on the agenda. I was pleased to see Councilman Wickham show up but nobody else came here. Came there. will the Town Board be reviewing the environmental impact statement for the Heritage at Cutchogue? SUPERVISOR RUSSELL: We should. We absolutely should. MR. SCHWARTZ: When will that start? When will that happen? SUPERVISOR RUSSELL: As a formal action of the Town Board? MR. SCHWARTZ: Formal, informal. COUNCILMAN WICKHAM: The Town Board will be called on during the SEQRA process as an involved agency, to make comments…. July 29, 2008 Page 90 Minutes Southold Town Board Meeting MR. SCHWARTZ: Do you know when that will happen? TOWN ATTORNEY FINNEGAN: No, we haven’t received it yet from them. They will send it to us when they have accepted it and it is ready for comment. Just like the public. We will get it as an involved agency. MR. SCHWARTZ: Well, my point is that one of the members of the Planning Board at the meeting yesterday asked when, what the next step was and seeing as how we have been going backwards and forwards and this is the second time we are in the same position in the SEQRA process, I would have thought that they would have figured it out the first time. This Town Board will, that is the when we expect the revised draft environmental impact statement to come back? SUPERVISOR RUSSELL: To my knowledge they have revised, they sent it to the Planning Board, the Planning Board rejected it and sent it back to the applicant. There is nothing to pass on to the Town Board yet because they haven’t accepted an impact statement. I read their submission and then their revision, the Planning Board is charged with, again, sending it back to the applicant and letting him take another bite of the apple or give it another shot. But to my understanding, that last submission wasn’t even close to satisfactory. MR. SCHWARTZ: Okay. To my understanding, this Town Board is an involved agency. The Planning Board is the lead agency and they are responsible for shepherding the process. There will come a point at which they will ask for input from the Town Board. By law, the Town Board may have as little as 10 days to, after they are legally presented with the document, to review the final environmental impact statement. I don’t believe that the Town Board is required to get involved in reviewing the draft environmental impact statement but seeing as how the draft environmental impact statement is usually incorporated into the final, I would just encourage this Town Board to get involved as early as possible, in the process like yesterday. I have heard this Board, certain people on this Board comment on the possible comparison with Founders Village and the Heritage at Cutchogue. Are you aware of the relative sizes of these two projects? SUPERVISOR RUSSELL: Mmhmm. MR. SCHWARTZ: Could you describe that? SUPERVISOR RUSSELL: Yes. Founders Village is 94 units, which is exactly four per acre, there is 20 some odd acres of property there. About half of it is in open space, held by the condo board as an open space parcel. The Heritage would be about twice the size under current land consumption which is 50 acres. The goal, at least my goal, would be to scale the Heritage back, in size, not just in unit count but also in size of the units themselves to something more comparable to Founders Village. I think that is what the local community needs. I don’t think they need what is being proposed, which is these very large detached units. I want to see all of the units attached, I want to see the size of the units much smaller, much more marketable for local seniors and I want to see something that would be absorbed into Cutchogue much more July 29, 2008 Page 91 Minutes Southold Town Board Meeting readily than this large, oversized, over thought community with far too many amenities that local seniors don’t have an interest in. MR. SCHWARTZ: I agree with everything you said. COUNCILMAN WICKHAM: I agree with the Supervisor in all those comments. MR. SCHWARTZ: And so do I. SUPERVISOR RUSSELL: Wow. MR. SCHWARTZ: We all agree on that. But I think where we disagree is…. SUPERVISOR RUSSELL: How to get there. MR. SCHWARTZ: How to get there. SUPERVISOR RUSSELL: Sure. MR. SCHWARTZ: And whether the Planning Board has the capability. The current proposal includes some 350,000 square feet of houses, the Heritage at Cutchogue. The Founders Village is approximately 100 square feet of housing. So it is three and a half times when you consider the number of units and the size of the units. The average units are about 2,487 square feet. There is some discrepancy between the various documents that the developers have submitted so far but it is much more than double the current proposal and I have said it before, I don’t believe that the Planning Board can really make a difference in this. The relative, I would just like to briefly mention the relative positions of, Founders Village is on, what is it Youngs Lane there? COUNCILMAN WICKHAM: Youngs Avenue. MR. SCHWARTZ: Youngs Avenue and you know, there have been some problems with one end or the other of Youngs Avenue but at least it is on sort of a side street, whereas the Heritage at Cutchogue essentially empties out onto the Main Road. The traffic I think is somewhat worse but you know, I am happy to be following the Planning Board and I hope that the Town Board will do so also. During the meeting yesterday, the Planning Board co-chairman who was leading the meeting essentially said that the Planning Board was, their role was to adjust the developers plans. That they were not going to make plans for the developer but they were just going to make adjustments of those plans. Essentially the SEQRA process involves their mitigation of those, the potential impacts. But the Planning Board doesn’t plan for the Town. They are not even planning for this development, let alone the Town. That is the role of the Town Board, if the Town Board directs the Planning Board to take up town planning, that is another story. But that hasn’t happened yet. And I said it before, I have just got to try to say it again in a way that maybe you will understand it. You know, when I moved here 40 some odd years ago, I felt like we all lived in one rural community. One of the characteristics of a rural community is that it is one community and all the businesses and all the people, they feel like they have a common July 29, 2008 Page 92 Minutes Southold Town Board Meeting purpose and a common thread. This proposal is for a gated, they call it a gated community. But it is not a community, it is not going to have all the, they say right in their DEIS that they are going to use our facilities but we are not going to use theirs. But they are not going to have all the facilities they need. They are going to have to use our facilities and I just don’t think that kind of thing is right for the Town of Southold. In closing, I would just like to ask about the, I was disturbed last week, Supervisor Russell, when you said that you didn’t govern by petition and that 1,400 signatures or so on the petitions to rezone the Heritage were not going to be important to you. You implied that they were not going to be important to you and you mentioned the petition from something about a Cross Sound ferry, in support of Cross Sound ferry, with 10,000 signatures. SUPERVISOR RUSSELL: That is probably on the light side, it is probably much larger than that. They had a very successful public relations campaign about a year and a half ago. They advertised everywhere, including Massachusetts right through the south fork and everywhere else. You can go on the website and sign their petition, they have a very, very large petition that they would bring or that is one of their reps would bring to these negotiations meetings that myself and Councilman Ross at the time had participated in and there is the young guy that wants to keep talking about that petition and it has got over 10,000 names on it and now it is probably twice that, but again, I didn’t, I don’t need to talk about it, I can’t govern by petition. You know as an attorney, that we can’t change zoning based on petitions, we can’t rezone based on public reaction. The process has to be perceived as fair and not reactionary. I don’t, I can’t really get into what his petition says, I don’t know how many names are on there but I have to govern based on fundamental senses of fairness and town goals. Not on who likes the ferry and who doesn’t. Who likes McDonald’s and who doesn’t. It is just not the way you conduct business. Petitions are a good sign of the will of the people but I can’t… MR. SCHWARTZ: Are you familiar with the, not the Declaration of Independence, the Constitution of the United States? SUPERVISOR RUSSELL: Yes, I am. I am very familiar with it. Studied it in college. MR. SCHWARTZ: Isn’t there something in there about petitions? SUPERVISOR RUSSELL: Petitions, yes. By changing and ratification of the Constitution itself. MR. SCHWARTZ: In the first amendment, you know, the right of the people to petition the government for redress and grievances and you know, for zoning by petition, there are certain cases where zoning is done by petition I believe but a petition from 1,300 local people which was delivered to this Town Board versus a petition from some company that apparently has never been delivered to the Town of Southold, you say you have heard about it or seen it…. SUPERVISOR RUSSELL: No, I saw it. I didn’t ask for a hard copy. I didn’t want a hard copy. I rejected his offer of a hard copy. It is not that it doesn’t matter, it is that it can’t be part of the decision making and again, I wish that it were that simple but it is not. There is a lot more to it July 29, 2008 Page 93 Minutes Southold Town Board Meeting and as an attorney you should recognize and understand the nuances to all of these, particularly with pending applications. MR. SCHWARTZ: I believe I do and I believe that there is a, not that the petition should, that the people can make the decision by a petition but to say that the petition is not a part of the decision making, that you are not taking that into account, that makes me… SUPERVISOR RUSSELL: Then would I need to take the Cross Sound ferry’s petition into account? Should I take theirs? MR. SCHWARTZ: I think that, you know, their position is different. SUPERVISOR RUSSELL: Based on what? You don’t, based on what? MR. SCHWARTZ: Based on who signed it… SUPERVISOR RUSSELL: How do you know? Have you qualified there petition? MR. SCHWARTZ: First of all, they didn’t even bring you their petition. SUPERVISOR RUSSELL: They brought it, I had no interest in it. MR. SCHWARTZ: They can have a petition, they can do whatever they want. But if they don’t deliver it, if you don’t… SUPERVISOR RUSSELL: They brought it and I have no interest in it because unfortunately there is other issues that need to be factored in, legal issues, etc. I am sorry, Benja, it is not that the petition doesn’t matter, I am certainly the will of the public is very important to me but there are these certain challenges that you have to address and you can’t just run around making decisions on the latest and heaviest petition you got. MR. SCHWARTZ: Nobody is suggesting that you do that. Okay? But you are saying that you do not govern by petitions, that petitions play no role…. COUNCILMAN KRUPSKI: I think he means it is not…. MR. SCHWARTZ: That is what he said. He said it is not part of the…. COUNCILMAN KRUPSKI: I think what he means is, it is not the process, it is part of the process. MR. SCHWARTZ: Well, I would like to see some, a little bit more recognition and appreciation of the role of citizens to poll other citizens and the presentation, as it says in the Constitution, petition the government for redress of grievances. Alright, that is all for tonight. SUPERVISOR RUSSELL: Thank you. July 29, 2008 Page 94 Minutes Southold Town Board Meeting MR. SCHWARTZ: We still have some daylight, let’s enjoy it. Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board or the Bill of Rights? (No response) Can I get a motion to close? VII. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:30 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Orlando, Krupski Jr., Wickham, Evans, Russell ABSENT: William Ruland