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HomeMy WebLinkAboutTB-08/12/2008 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 August 12, 2008 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 12, 2008 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on August 12, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived William Ruland Town of Southold Councilman Present Vincent Orlando Town of Southold Councilman Present Albert Krupski Jr. Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Late 7:45 PM Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Kieran Corcoran Town of Southold Assistant Town Attorney Present I. Reports 1. Board of Trustees July 2008 2. Department of Public Works Monthly Report July 2008 3. Program for the Disabled July 2008 August 12, 2008 Page 2 Minutes Southold Town Board Meeting 4. Judge Bruer July 2008 II. Public Notices III. Communications IV. Discussion 1. 9:00 A.M. Erosion Mitigation & Beach Restoration Committee 2. 9:30 A.M. - Heather Lanza - Bed & Breakfast in the MI & MII Zones - Planning Department Work Plan - BAsic Design Standards for Residential Site Plans 3. Request for Support of Resolution Ed Romaine 4. Farmstand Code 5. Code Committee Follow-Up Set Next Meeting Agenda 6. 11:00 A.M. - Melissa Spiro, Jim McMahon Community Preservation Management & Stewardship Plan 7. Small Lot Policy Proposal 8. 12:00 Noon - Executive Session - Melissa Spiro Property Acquisition 9. Executive Session Litigation 10. Executive Session CSEA Negotiations 11. Lunch 12. Jet Skis Proximity to Designated Swimming Areas Councilman Wickham & Assistant Town Attorney August 12, 2008 Page 3 Minutes Southold Town Board Meeting 13. Animal Shelter Change Order - James Richter - Change in Contract - Needs change officially approved 14. Permission for “Haunted Attraction” Pledge to the Flag Opening Statements Supervisor Scott A Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. What we are going to do now is entertain anybody that wants to comment to the Town Board on any item as it appears on the agenda. I know you have just had a chance to review it but would anybody like to come up and address any item as it appears on the agenda? (No response) Hearing none, let’s move forward. V. Resolutions 2008-756 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated August 12, 2008 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby August 12, 2008. ? Vote Record - Resolution RES-2008-756 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-757 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting August 26, 2008 at 4:30 P.M. August 12, 2008 Page 4 Minutes Southold Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 26, 2008 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2008-757 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-747 Tabled 7/29/2008 4:30 PM 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 August 12, 2008 Page 5 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 August 12, 2008 Page 6 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. August 12, 2008 Page 7 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. August 12, 2008 Page 8 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. August 12, 2008 Page 9 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. August 12, 2008 Page 10 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-747 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-758 CATEGORY: Employment - Town DEPARTMENT: Accounting Contract with the Hartford for Deferred Comp WHEREAS , the Town of Southold did establish a Deferred Compensation Plan for employees, and WHEREAS , the Deferred Compensation Committee did accept and review proposals for the administration of the Deferred Compensation Plan for a five-year contract period as stipulated in Section 9003 of , and Subtitle II, Title 9 NYCRR WHEREAS , the Deferred Compensation Committee does recommend the award of such contract to The Hartford as Administrative Services Agency and Financial Organization pursuant to section 9003 of , and Subtitle II, Title 9 NYCRR WHEREAS , the Deferred Compensation Committee does recommend that State Street Bank and Trust Company act as trustee, NOW, THEREFORE, BE IT RESOLVEDadopts the “Model Plan” that the Town Board of the Town of Southold hereby with an effective date of January 1, 2002 including amendments through December 7, 2007, and be it further August 12, 2008 Page 11 Minutes Southold Town Board Meeting RESOLVED that the Supervisor Scott Russell, Chairman of the Town of Southold Deferred execute all necessary documents to Compensation Plan, is hereby authorized and directed to contract with The Hartford and State Street Bank & Trust Company for administrative, financial, and trustee services for the Town of Southold Deferred Compensation Plan for the period September 1, 2008 or as soon thereafter as possible through August 31, 2013 . ? Vote Record - Resolution RES-2008-758 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-759 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification to Town Clerk Budget Fiscal Impact: This budget modification will transfer $1,291.00 from Town Clerk Full-Time Regular Earnings to Town Clerk Full-Time Employee Sick Earnings. It was estimated last year in 2007 for 2008 budget that $10,000.00 would be necessary to pay out these sick earnings. However, due to additional raise, given by Town Board to this employee, the payout amount calculated to an additional $1,291.00 in sick earnings. RESOLVEDmodifies the 2008 Town that the Town Board of the Town of Southold hereby Clerk Whole Town budget as follows: From: A.1410.1.100.100 Town Clerk , P.S. , Full-Time Employees $1,292.00 Regular Earnings To: A.1410.1.100.400 Town Clerk, P.S., Full-time Employees $1,292.00 Sick Earnings ? Vote Record - Resolution RES-2008-759 ? 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 August 12, 2008 Page 12 Minutes Southold Town Board Meeting 2008-760 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Town Attorney, Patricia A. Finnegan, to Attend the Seminar Entitled “Environmental Law Section Fall Meeting” at the Hyatt Regency Long Island at Wind Watch Golf Club in Hauppauge, New York RESOLVEDgrants permission to Town that the Town Board of the Town of Southold hereby Attorney, Patricia A. Finnegan, to attend the seminar entitled “Environmental Law Section Fall Meeting” at the Hyatt Regency Long Island at Wind Watch Golf Club in Hauppauge, New York , on September 26, 2008. All expenses for registration and travel are to be a charge to the 2008 Town Attorney budget. ? Vote Record - Resolution RES-2008-760 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-761 CATEGORY: Budget Modification DEPARTMENT: Trustees Pump-Out Boat/Employee Earnings Fiscal Impact: Due to a major mechanical engine breakdown, the Greenport pump-out boat has been out of service since June 26, 2008. Trustee David Bergen agreed to have our boat service on a limited basis the waters of Greenport Village in return for no charge for any effluent discharge between June 26th and when the Greenport boat was back in service. The Southold boat operators showed self-initiative making the decision to spend extra hours in the Village waters, resulting in overtime charges. Once Trustee David Bergen was made aware of this, he communicated with both Greenport and our operators that unless they received authorization in advance, they could not work more than 17 hours per week. Trustee David Bergen would recommend that the funds required to cover the overtime be taken from the effluent discharge line. RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: August 12, 2008 Page 13 Minutes Southold Town Board Meeting From: A.8090.4.400.840 Pump-Out Waste Disposal $600.00 To: A.8090.1.300.200 Seasonal Employees Overtime Earnings $600.00 ? Vote Record - Resolution RES-2008-761 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-762 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 RESOLVED amends Resolution No. that the Town Board of the Town of Southold hereby 2008-740 to read as follows: 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 $1,036.21 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 $578.13, subject to the approval of the Town Attorney. August 12, 2008 Page 14 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-762 ? 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 2008-763 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: Transferring from the budget line created for equipment to set up new vehicles to a newly created line for equipment to set up new vehicles RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3120.2.500.775 In Car Video/Computer/Radios $1840.00 To: A.3120.2.500.875 Other Vehicle Equipment $1840.00 ? Vote Record - Resolution RES-2008-763 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-764 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Town Clerk - Records Management PT RESOLVEDappoints Amanda that the Town Board of the Town of Southold hereby Nunemaker to the position of a part-time clerk-typist in the Town Clerk Records August 12, 2008 Page 15 Minutes Southold Town Board Meeting Management Office, 17 ½ hours per week, effective August 22, 2008, at the rate of $12.28 per hour. ? Vote Record - Resolution RES-2008-764 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-765 CATEGORY: Grants DEPARTMENT: Community Development Amend Resolution 2008-725 RESOLVEDResolution 2008- that the Town Board of the Town of Southold hereby amends 725 authorizing Supervisor Scott A. Russell to execute a Subrecipient Agreement, as part if the 2008 Community Development Block Grant Program, with Community Action Southold Town (CAST). The grant amount is $7,500 and not the $5,000 as stated in Resolution 2008-725, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-765 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-766 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Abandon Mooring Removal Project RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the removal of abandon moorings in Southold Town water, as per the plans and specification prepared by L.K. McLean Associates August 12, 2008 Page 16 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-766 ? 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 2008-767 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the PSAP Agency Agreement Between the County of Suffolk and the Town of Southold in Connection with the Enhanced 911 Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the PSAP Agency Agreement between the County of Suffolk and the Town of Southold in connection with the Enhanced 911 Program for a 5- year term, at a cost not to exceed $40,000.00 for calendar year 2008, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-767 ? 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 2008-768 CATEGORY: Attend Seminar DEPARTMENT: Accounting NYS GFOA LI Regional Fall Conference-Cushman RESOLVED grants permission to Town that the Town Board of the Town of Southold hereby Comptroller John Cushman to attend the NYS GFOA Long Island Regional Fall Seminar in Great River, New York on Tuesday, September 9, 2008. All expenses for registration and August 12, 2008 Page 17 Minutes Southold Town Board Meeting travel will be a legal charge to the 2008 Accounting & Finance Department budget, Meetings and Seminars (A.1310.4.600.200). ? Vote Record - Resolution RES-2008-768 ? 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 2008-769 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk FIFD Renew Insurance Policies RESOLVED that the Town Board of the Town of Southold, upon recommendation of the renews the 2008-2009 Property /Liability insurance Fishers Island Ferry District hereby package, administered by Gencorp Insurance Group for the renewal premium of $53,670.27. ? Vote Record - Resolution RES-2008-769 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-770 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Donna Goodale as Fulltime Food Service Worker RESOLVEDappoints Donna Goodale that the Town Board of the Town of Southold hereby to the position of a full time Food Service Worker for the Human Resource Center, effective August 13, 2008 at a rate of $ 24,979.50 per annum. August 12, 2008 Page 18 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-770 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-771 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Gary Ostroski to PT Food Service Worker HR RESOLVEDappoints Gary Ostroski to that the Town Board of the Town of Southold hereby the position of a part-time Food Service Worker (not to exceed 17 ½ hours per week) for the Human Resource Center, effective September 2, 2008, at a rate of $12.56 per hour. ? Vote Record - Resolution RES-2008-771 ? 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 2008-772 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District SWMD Temporary Storage Fiscal Impact: Paid in advance, this will save approx. $500 in fiscal year 2008, and approx. $10,000 in Town Garbage Bag storage costs over the life of the agreement. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement for the Solid Waste Management District with North Fork Self Storage in the amount of $6,110 for the term August 15, 2008 – August 31, 2009 for secure storage of inventory, all in accordance with the approval of the Town Attorney. August 12, 2008 Page 19 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-772 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ?????????? Withdrawn Albert Krupski Jr. Initiator ?????????? Supervisor's Appt Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Voter ?? Rescinded ???????? Scott Russell Voter Next: Aug 26, 2008 4:30 PM 2008-773 CATEGORY: Attend Seminar DEPARTMENT: Highway Department Harris Attend Conference RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Superintendent of Highways Peter W. Harris to attend the Suffolk County Highway Superintendent’s Association Conference to be held at the Pridwin Hotel, Shelter Island, New York, September 14 - 16, 2008. All travel expenses, lodging and registration to be a legal charge to DB.5140.4.600.200 and DB.5140.4.600.300. ? Vote Record - Resolution RES-2008-773 ? 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 2008-774 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Peconic Landing Event Bailey Beach RESOLVED grants permission to allow the Town Board of the Town of Southold hereby overflow vehicles to park on Bailey Beach Road in Mattituck without a permit on Sunday, August 24, 2008 from 4:00 P.M. to 8:00 P.M. for an event sponsored by Peconic Landing at the Bailey Beach Lodge provided Peconic Landing contacts Capt. Flatley upon receipt of this August 12, 2008 Page 20 Minutes Southold Town Board Meeting resolution to coordinate parking for that date. ? Vote Record - Resolution RES-2008-774 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-775 CATEGORY: Organizational DEPARTMENT: Town Clerk Create Beach Erosion Mitigation & Restoration Comm RESOLVEDcreates the Southold Town Beach Erosion Mitigation and that the Town hereby Restoration Task Force , to consist of eight (8) members, and three (3) liaisons, who shall serve a term not to exceed six (6) months; the members to serve without compensation; and be it further RESOLVEDcreated that the Beach Erosion Mitigation and Restoration Task Force is hereby for the following purpose: To develop a town administered action plan to address the critical issue of beach erosion and to develop and evaluate options to replenish eroded public and private beaches. Such options should include the acquisition of dredge equipment to be used for this purpose. ? Vote Record - Resolution RES-2008-775 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-776 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk August 12, 2008 Page 21 Minutes Southold Town Board Meeting Appoint Member to BEM & RTF RESOLVEDappoints the following that the Town Board of the Town of Southold hereby individuals to the Beach Erosion Mitigation & Restoration Task Force, for a term not to exceed six (6) months: Eugene Berger Peter McGreevy Chris Showalter Jerry Schulteis Robert Lehnert Robert Ghosio Jamie Richter James McMahon Jill Doherty & David Bergen - liaisons Albert Krupski - Town Board liaison ? Vote Record - Resolution RES-2008-776 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-777 CATEGORY: Employment - Town DEPARTMENT: Police Dept Resignation PO Fohrkolb RESOLVEDacknowledges the that the Town Board of the Town of Southold hereby retirement of Andrew Fohrkolb, from his position as a Police Officer for the Town of Southold , effective August 10, 2008. ? Vote Record - Resolution RES-2008-777 ? 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 2008-778 CATEGORY: Contracts, Lease & Agreements August 12, 2008 Page 22 Minutes Southold Town Board Meeting DEPARTMENT: Engineering Change Order #1 Animal Shelter RESOLVEDapproves Change Order #1 that the Town Board of the Town of Southold hereby to the Animal Shelter Construction contract with Construction Consultants , dated July 25, 2008 in the amount of $12,063.66. ? Vote Record - Resolution RES-2008-778 ? 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 2008-779 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification- Records Management Fiscal Impact: This budget modification will transfer $8,000.00 From: Records Management Personal Services, Full-Time Overtime Earnings (3,000) & from Office Equipment (5,000) To: Personal Services Part-Time Employees to cover the hiring of Amanda Nunemaker Part-Time in Records Management Office effective August 22 – December 31, 2008. (Resolution Number 764 on today’s agenda) RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Town Clerk Whole Town Budget as follows: From: A.1460.1.100.200 Records Management Office Full-Time Personal Services, Overtime Earnings $3,000.00 A.1460.2.200.500 Records Management Office $5,000.00 Equipment, Office Equipment To: A.1460.1.200.100 Records Management Office August 12, 2008 Page 23 Minutes Southold Town Board Meeting Part-Time Employees $8,000.00 ? Vote Record - Resolution RES-2008-779 ? 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 2008-780 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - SWMD Fiscal Impact: PROPOSED BUDGET MODS ARE INTENDED TO COVER COSTS FOR THESE ITEMS THROUGH 2008. Diesel Fuel and Electric are significantly higher than budgeted. The budget for Town Garbage Bags is depleted due to surcharges for plastic resin, as a result of rising oil costs, approved in the contractor’s bid in 2007. Storage space rental will reduce current year costs for handling bag inventory (as well as through August 2009). MSW Removal costs are running somewhat under projections. The remainder in this line may still be sufficient to cover 2008 charges. RESOLVEDmodifies the 2008 Solid that the Town Board of the Town of Southold hereby Waste Management District budget, as follows: To SR 8160.4.100.200 Diesel Fuel $ 30,000.00 SR 8160.4.100.650 Town Garbage Bags $ 18,000.00 SR 8160.4.200.200 Light and Power $ 7,500.00 SR 8160.4.400.600 Scale Maintenance $ 1,500.00 FROM SR 8160.4.400.805 MSW Removal $ 57,000.00 ? Vote Record - Resolution RES-2008-780 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded August 12, 2008 Page 24 Minutes Southold Town Board Meeting 2008-781 CATEGORY: Policies DEPARTMENT: Town Attorney Small Parcel Preservation Policy RESOLVED adopts the following that the Town Board of the Town of Southold hereby “Small Parcel Preservation Policy” as a guiding document for use by the Land Preservation Committee in their review of proposed acquisitions. Town of Southold Small Parcel Preservation Policy: 1. Intent: Typically Southold’s program focuses on large sub-dividable parcels; but, preservation of certain small parcels may have significant environmental benefit or aesthetic value and may even define a neighborhood. Such small parcels are worthy of preservation and should be pursued when it appears that criteria in this policy can be met. ?? A small parcel is defined as generally less than about 40,000 square feet total, but may be more if non-subdividable or has a large portion of unbuildable area. ?? Preservation of small lots shall be guided by the special guidance that follows as well (1) as the Town’s general policy for land preservation. 2. Criteria, in addition to agreeable cost and general land preservation criteria: The Town will consider small lots offered for preservation if: a) Acquisition creates public access to navigable water or the littoral zone, or -- b) Significant environmental, scenic, aesthetic, historic or public health benefit to the townspeople is demonstrated. Such benefit to be demonstrated by the Town’s natural resources professional, the Town Historian or Town Engineer (drainage) as applicable, or an equivalent outsourced capability. 3. When Town preservation is indicated: Preservation may be by purchase of development rights (conservation or other type of easement) or by outright purchase (fee simple or bargain sale). Gifts may be by either mode. a) Purchase of Development Rights: In the case of purchase of development rights, a clear severance of all development rights on the entire parcel is preferred in the interest of simplicity and minimization of Town costs. At minimum, the Town is to receive an easement stating that no residential structure or accessory structure, or structure accessory to contiguous land, will be placed upon the parcel; except on the upland portion where a minimal dock approach, without utilities, up to 200 square feet in size may be placed. Any dock or structure of course, must have the necessary August 12, 2008 Page 25 Minutes Southold Town Board Meeting regulatory permits. The rights and obligations of the grantee and the grantor shall be clearly and completely stated in the easement agreement. Any easement must include description of the private uses retained by the easement grantorand the price paid shall not exceed the public value of the purchase after the retained uses are considered. Development rights not so specified as retained are parts of the rights purchased. b) Outright Purchase: All interests in the parcel become the property and responsibility of the town by fee simple transfer. c) Local Preservation: A third method of small lot preservation may be by “local preservation” - that is, where title to any interest in the parcel would be held by local area or contiguous residents and the Town’s role is limited to assistance with procedural advice and professional services. Services such as planning, a survey, planning consultation, flagging, law interpretation, research, mediation and communication services, as well as limited grants, may be Town provided. Such services may to be provided at the request of the landowner and the interested local parties given a positive recommendation by the LPD/LPC and subsequent quid pro quo Town Board approval. The for the Town’s expenditure of public funds would be a perpetual easement to the Town describing the extinguishment of residential development rights. d) Coordination: The preservation shall be coordinated by, or under the direction of, the Land Preservation Coordinator to assure application of the special guidance. e) Tax Deduction: If the seller intends to claim a non-cash-contribution tax deduction resulting from a bargain-sale or gift, the Town will complete an IRS form 8283 for the donor. But, per IRS instruction, such acknowledgement does not represent agreement with any claimed fair market value. It does acknowledge that the property has been received and, if the Town sells the property within three years, the Town will file an IRS form 8282 and accordingly notify the donor. The Town, holding itself to a higher standard, will not sign a blatantly fraudulent 8283 form. f) Environmental Distress: If the land has been, or apparently will be, compromised, an environmental restoration/protection plan shall be made that identifies tasks, schedule and responsibility. In the case of purchase of development rights, the plan shall be made part of the easement. Public/private/trust partnerships may be employed. In the case of a fee simple acquisition, resulting responsibilities for the Town as well as funding and expected funding sources shall be identified. August 12, 2008 Page 26 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-781 ? 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 2008-782 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk LL Merger Law - 9/9/08 7:35 Pm WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 12 day of August, 2007 a Local Law entitled relation to Amendments to the Waiver Provisions of the Merger Law” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th day of September, 2008 at 7:35 p.m. 9 at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to the Waiver The proposed Local Law entitled, Provisions of the Merger Law” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to Amendments to the Waiver Provisions of A Local Law entitled, the Merger Law” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this amendment is to provide an additional path by which owners of lots deemed “merged” may apply to waive those mergers under certain circumstances. II. Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: August 12, 2008 Page 27 Minutes Southold Town Board Meeting § 280-11. Waiver of merger. A. If a lot has merged pursuant to the provisions of Section 280-10, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and finding that: (1) The lot proposed to be recognized has not been transferred to an unrelated person or entity since the time the merger was effected; and The waiver will not result in a significant increase in the density of the neighborhood. (2) Upon balancing whether: (a) The proposed waiver would recognize a lot that is as large, or greater in size than a majority of the improved lots within a 1000 foot distance from any lot line of the lot proposed to be recognized; (b) The lot proposed to be recognized is vacant and has historically been treated an maintained as a separate and independent residential lot since the date of its original creation; and (c) The proposed waiver and recognition will create an adverse impact on the physical or environmental conditions in the neighborhood or district. The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. (4) The natural details and character of the and the character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-782 ? 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 August 12, 2008 Page 28 Minutes Southold Town Board Meeting 2008-783 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk LL B& B Marine Districts - 9/9/08 7:40 Pm WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 12th day of August, 2008 a Local Law entitled relation to adding Bed-and-Breakfast Uses to Marine Districts” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 9th day of September, 2008 at 7:40 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to adding Bed-and-Breakfast The proposed Local Law entitled, Uses to Marine Districts” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to adding Bed-and-Breakfast Uses to A Local Law entitled, Marine Districts” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to be consistent with other allowable uses in these districts, this Local Law will include bed and breakfast uses in the Marine zoning districts by special exception obtained from the Zoning Board of Appeals. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ARTICLE XII, Marine I (MI) District § 280-52 B. Uses permitted by special exception by the Board of Appeals. The following uses are August 12, 2008 Page 29 Minutes Southold Town Board Meeting permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (3) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14) ARTICLE XIII, Marine II (MII) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-55. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (7) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14). SEVERABILITY III. 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. EFFECTIVE DATE IV. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-783 ? 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 2008-784 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL CPFM&SP - 9/9/08 7:45 Pm WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 12th day of August, 2008 a Local Law entitled relation to the 2008 Town of Southold Community Preservation Fund Management and Stewardship Plan” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the August 12, 2008 Page 30 Minutes Southold Town Board Meeting aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th day of September, 2008 at 7:45 p.m. 9 at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to the 2008 Town of Southold The proposed Local Law entitled, Community Preservation Fund Management and Stewardship Plan” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to the 2008 Town of Southold Community A Local Law entitled, Preservation Fund Management and Stewardship Plan” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In compliance with the recently-enacted New York State legislation relating to Peconic Bay Community Preservation Fund Administration Reforms, the Land Preservation Department has prepared a 2008 Management and Stewardship Plan for real property interests acquired through the fund. This plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the . plan II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13A. Community Preservation Fund Management and Stewardship Plan adopted. A. The Town Board of the Town of Southold hereby approves and adopts the Community Preservation Management and Stewardship Plan for real property interests acquired by use of moneys from the Town of Southold Community Preservation Fund, prepared by the Land Preservation Department and Land Preservation Committee, for the period July 1, 2008 through December 31, 2008, presented to the Town Board during the Work Session of August 12, 2008, and intended to be the management and stewardship plan required by amendments to § 64-e of the New York State Town Law. 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. August 12, 2008 Page 31 Minutes Southold Town Board Meeting EFFECTIVE DATE IV. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-784 ? 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 2008-785 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL Farmstands - 9/9/08 7:50 Pm WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 12 day of August, 2008 a Local Law entitled relation to Regulations Governing Farm Stands” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th day of September, 2008 at 7:50 p.m. 9 at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Regulations Governing Farm The proposed Local Law entitled, Stands” reads as follows: LOCAL LAW NO. OF 2008 “A Local Law in relation to Regulations Governing Farm Stands” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. August 12, 2008 Page 32 Minutes Southold Town Board Meeting A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: I.§72-1. Title. This law shall be known as the “Agricultural Uses Law”. §72-2. Purpose. II. Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage bona fide agricultural operations while providing for the health, safety and welfare of the Town’s residents and its visitors. Farm stands are an important part of the Town’s agricultural base and character, and are increasingly vital to the viability of the agricultural industry in the Town. The first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active farming operations within the Town. §72-3. Statutory authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. §72-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated: AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries, tomatoes and berries; (c) vegetables, including snap beans, cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, milk eggs and furs; (f) maple sap; (g) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergy, and shall include farm woodland. August 12, 2008 Page 33 Minutes Southold Town Board Meeting AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural, horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included milk, timber or timber products, other than christmas trees, all hay, rye and legumes. FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered “processed” under this definition. RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. August 12, 2008 Page 34 Minutes Southold Town Board Meeting ARTICLE I - FARM STANDS §72-5. Farm Stand Permit Required. A. No person shall erect, place or operate a farm stand without the Building Department’s issuance of a farm stand permit for the farm stand operation. A farm stand permit shall be subject to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. B. The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the purposes of this Article, “bona fide agricultural production” shall be limited to the operation, within the Town of Southold, of either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. C. A farm stand existing as of the date of adoption of this Article which does not meet the requirements of this Article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1, 2008 shall be permitted to expand or enlarge the total area of the farm stand structure(s) by up to fifty percent, cumulatively, of the total area of the farm stand structure(s) legally existing as of January 1, 2008, subject to compliance with the parking requirements of this Article. §72-6. Farm Stand Permits Issued Without the Requirement of Site Plan Approval. A. A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand is located on lands used in bona fide agricultural August 12, 2008 Page 35 Minutes Southold Town Board Meeting production by the owner or lessee of the property. (2) The total area of the farm stand structure(s) does not exceed 3,000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. C. Retail sales operations that do not meet the definition of a farm stand pursuant to this Chapter, as well as farm stands that do not meet the requirements of § 72-6A, shall be subject to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: A. At least sixty percent of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. B. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of the following items only: (1) Agricultural products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold, and not including agricultural products not grown within the Town of Southold; (2) Items manufactured or processed from the agricultural products grown by the farm stand operator, or manufactured or processed from products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold; (3) Clothing, apparel and other similar items, but limited to such items that August 12, 2008 Page 36 Minutes Southold Town Board Meeting promote the specific farm stand site or operator, and souvenir items of the farm stand; and (4) Other accessory items, but limited to items complementary to the specific farm stand agricultural operation, such as decorative housewares, planters and like items. §72-8. Maximum Size of Farm Stand. In all cases, farm stand structure(s) shall not exceed 3,000 square feet in total area. §72-9. [Reserved] §72-10. [Reserved] §72-11. Variance Procedures. Any farm stand that is found not to meet the requirements of this Article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community by such grant, in further consideration of (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the variance. §72-12. Penalties for Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit. Furthermore, any violator of this Article shall, upon conviction, be guilty of a violation punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as August 12, 2008 Page 37 Minutes Southold Town Board Meeting permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 or imprisonment not to exceed 15 days, or both. II.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. III. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-785 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-786 CATEGORY: Consulting DEPARTMENT: Town Attorney Send 3 LL to SCPD & STPB RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to send the following proposed Local Laws to the Suffolk County Planning Department and the Southold Town Planning Board for their recommendations and review: A Local Law in relation to Amendments to the Waiver Provisions of the Merger Law A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Districts A Local Law in relation to Regulations Governing Farm Stand August 12, 2008 Page 38 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-786 ? 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 2008-872 CATEGORY: Bond DEPARTMENT: Town Clerk MPD Resolution & Order After PH RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Board of Commissioners of the Mattituck Park District (the “Board” and the “District,” respectively) of the Town of Southold (the “Town”), Suffolk County, New York, pursuant to the provisions of Chapter 924 of the 1941 Laws of New York and the resolution adopted by said Board of Commissioners on March 13, 2008, has requested the Town Board of the Town to call a public hearing to hear all persons interested in the subject thereof, being the construction of sports lighting on the property heretofore acquired and now owned by the Park District at Aldrich Lane Fields, Laurel, New York; and WHEREAS, the Town Board adopted an Order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and improvement of facilities on August 12, 2008 at 8:00 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York; and WHEREAS, a Notice of said public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, said public hearing was duly held by the Town Board on the 12th day of August, 2008 at 8:00 o’clock P.M. (Prevailing Time) and Adjourned and held on September 9, 2008 at 7:32 p.m. at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard August 12, 2008 Page 39 Minutes Southold Town Board Meeting having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, said Board of Commissioners, in the role of Lead Agency, has undertaken the requisite proceedings pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and has determined that the project described herein is an Unlisted Action thereunder having no adverse impact upon the environment and a Negative Declaration has been issued; Now, therefore, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $338,800; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved as hereinabove described and, further, that the Engineer heretofore retained by the Board of Commissioners shall prepare specifications and make careful estimates of the expense of said increase and improvement of the facilities and with the assistance of the Attorney for the District, prepare a proposed contract or contracts therefor, which specifications, estimate and proposed contract(s) shall be presented to said Board of Commissioners and the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of so increasing and improving the facilities of the District shall be financed by the expenditure of $39,000 from the District’s Operating Fund, $100,000 from funds available in the Town of Southold Recreation Fund, and the issuance of $199,800 bonds of the Town; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption thereof. ? Vote Record - Resolution RES-2008-872 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ?????????? Withdrawn Albert Krupski Jr. Seconder ?? Supervisor's Appt ???????? Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Voter ?? Rescinded ???????? Scott Russell Voter Next: Sep 9, 2008 7:30 PM August 12, 2008 Page 40 Minutes Southold Town Board Meeting 2008-873 CATEGORY: Bond DEPARTMENT: Town Clerk MPD Bond Resolution BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 9, 2008, APPROPRIATING $338,800 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE MATTITUCK PARK DISTRICT, INCLUDING THE EXPENDITURE OF $39,000 FROM THE DISTRICT’S OPERATING FUND AND $100,000 AVAILABLE IN THE TOWN’S RECREATION FUND TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF $199,800 SERIAL BONDS TO FINANCE THE BALANCE OF SAID APPROPRIATION Recital WHEREAS, the Board of Commissioners of the Mattituck Park District (herein called the “District”) in the Town of Southold (herein called the “Town”), in the County of Suffolk, New York, has requested that the Town Board undertake proceedings pursuant to Section 202-b of the Town Law for the increase and improvement of facilities of the District and said Board of Commissioners has caused Ward Associates, P.C., engineers duly licensed by the State of New York (the “Engineer”) to prepare a plan and report dated January 7, 2008, for such increase and improvement of facilities of the District, consisting of the construction of sports lighting on the property heretofore acquired and now owned by the Park District at Aldrich Lane Fields, Laurel, New York; and the Engineer has completed said preliminary plan and report for said increase and improvement of facilities of the District and has estimated the cost thereof to be $338,800 and said map, plan and report have been filed with the Town Board of the Town; and WHEREAS, after a public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to increase and improve the facilities of the August 12, 2008 Page 41 Minutes Southold Town Board Meeting District, and ordered that such facilities be so increased and improved; Now, therefore, be it 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 Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $338,800 for the increase and improvement of facilities of the District, as described in the Recitals hereto, including the expenditure of $39,000 from the District’s Operating Fund and $100,000 available in the Town’s Recreation Fund to pay a part of said appropriation. The estimated maximum cost of the increase and improvement of facilities, including preliminary costs and costs incidental thereto and the financing thereof, is $338,800. The plan of financing includes the expenditure of $39,000 from the District’s Operating Fund and $100,000 available in the Town’s Recreation Fund to pay a part of said appropriation, the issuance of $199,800 bonds to finance the balance of said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District in the same manner and at the same time as other Town charges. If the cost of the project, including payment of principal and interest on any obligations issued therefor, is not paid from such assessments, all the taxable property within the Town shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said obligations as the same shall become due and payable. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of $199,800 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 “Law”), to finance a part of said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 35 of the Law, is five (5) years. (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 and/or District for August 12, 2008 Page 42 Minutes Southold Town Board Meeting expenditures made after the effective date of this resolution, or for expenditures made on or prior to the effective date if a declaration of intent to issue bonds has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the serial bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to 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 issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 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 the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, 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 said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is August 12, 2008 Page 43 Minutes Southold Town Board Meeting 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 resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish this bond resolution, in summary, in the “SUFFOLK TIMES,” a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk’s statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. ? Vote Record - Resolution RES-2008-873 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? ??Albert Krupski Jr. Initiator Withdrawn ?????????? Supervisor's Appt Thomas H. Wickham Seconder ?? Tax Receiver's Appt ???????? Louisa P. Evans Voter ?? Rescinded ???????? Scott Russell Voter Next: Sep 9, 2008 7:30 PM VI. Public Hearings Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell August 12, 2008 Page 44 Minutes Southold Town Board Meeting Matt Park Dist Call to Order 8:00 pm 8/12/08 History: 08/12/08 Town Board ADJOURNED Next: 09/09/08 RESULT: ADJOURNED [UNANIMOUS] Next: 9/9/2008 7:30 PM MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Councilman Thomas Wickham NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, on August 12, 2008, at 8:00 o’clock P.M. (Prevailing Time), for the purpose of conducting a public hearing in relation to the proposed increase and improvement of facilities of the Mattituck Park District, consisting of the construction of sports lighting on the property heretofore acquired and now owned by the Park District at Aldrich Lane Fields, Laurel, New York, at an estimated maximum cost of $338,800. It is expected that $39,000 of such cost shall be paid from the Park District’s Operating Fund and $100,000 shall be paid from funds available in the Town of Southold Recreation Fund, with the $199,800 balance to be financed by the issuance of bonds of the Town. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof. And I have other affidavits and letters and documents in the file. We have submitted documentation to our legal, to our bond counsel and I believe this has appeared on the Town Clerk’s bulletin board outside. Supervisor Scott Russell SUPERVISOR RUSSELL: Okay. I am going to invite the public to speak. There is an issue I just want clarified in that the Town of Southold is merely indemnifying the bond, if I am not mistaken, Gail. So I am going to ask you to come up first as the attorney for the Park district to just sort of explain the mechanics of what is involved. Gail Wickham, Attorney MPD GAIL WICKHAM: Good evening, I am Gail Wickham, I represent the Mattituck Park District and Tom McCarthy, who is one of the commissioners is here with me in case you have any questions that aren’t addressed in the presentation. We are requesting pursuant to the park district statute and the New York state local finance law, the issuance of bonds of $199,800 to finance a portion of the park district’s proposed lighting facility down at Aldrich Lane fields. The project already has received approval from the Zoning Board of Appeals, it has received site plan approval from the Planning Board and it has undergone a SEQRA review which resulted in the finding of a negative declaration. The soccer and baseball fields are and have for many years been heavily used by soccer players and baseball players from throughout the town. The proposed project is replacing an old, antiquated lighting system that was actually erected on top of old LIPA poles, LILCO poles that are being replaced for safety reasons. Most of Southold Town’s recreational facilities of this nature are located in Peconic or further west, so we think August 12, 2008 Page 45 Minutes Southold Town Board Meeting that the project greatly promotes the use and adults sports facilities within the Town of Southold. As the Supervisor pointed out, the Town is merely backing the issuance of the bonds. They will be an obligation of the park district, of Mattituck park district and they, the indebtedness will be included in the budget of the park district only and not town wide, although we were required under the bond counsel’s advice to send legal notices to the taxpayers throughout the Town. So we would ask that the Town Board approve this bond and we are happy to answer any questions you have tonight. COUNCILMAN RULAND: Do you have voter approval? MS. WICKHAM: Yes. It was subject to a public referendum of the Mattituck park district and it was approved several months ago. SUPERVISOR RUSSELL: Total cost of the project? MS. WICKHAM: Excuse me? SUPERVISOR RUSSELL: The total cost of the project? MS. WICKHAM: The total cost of the project is $338,800, of which partial funding is coming from the existing fund and the operating budget, partially from the Town’s recreation fund, the balance from bonds. We are also seeking a grant through Senator LaValle’s office through the New York State office of Parks and Recreation for $50,000. SUPERVISOR RUSSELL: Okay. COUNCILMAN WICKHAM: How much do you anticipate the electric charge will be annually and who is going to pay that? MS. WICKHAM: That is going to be assessed through the park district. What we have been told by Ward Associates who is the consulting engineer on the project is that these lights are considerably more efficient than the prior system. They also have a very sophisticated technology where they can be remotely controlled in terms of times on and times off. The old lights sometimes tended to be kept on all night because people didn’t turn them off. If a light bulb, if one light bulb goes out, they can detect that through their computer program and send someone out to fix it. That is all included. All of that monitoring and replacement is included in the price. The cost of the electricity is not but we expect that because these will not be used on a continual basis and because they are so much more highly efficient than the old system, that it will not be an egregious expense. The lighting is primarily for practices and it is during the weeknights during the fall and the spring when it gets dark early. And most of the practices we found don’t go beyond 9:00 or 9:30 at night. So they are not going to be on for a long period of time or all year long. SUPERVISOR RUSSELL: Would anybody like to come up and ask questions? Would anybody like to comment on the public hearing? Mr. Wills? August 12, 2008 Page 46 Minutes Southold Town Board Meeting Frank Wills, Mattituck FRANK WILLS: Good evening. Frank Wills is my name. I live in Mattituck. I never got, I got a notice for this hearing and a postcard but I never got a notice for the vote several months ago. Maybe I was asleep, who knows? The fact that the park district can only come up with $39,000 indicates that well, that is all that is available. To then go out and borrow over $300,000 to me almost smacks of the subprime loans and mortgages that have wrecked the economy of this country. And we haven’t heard the end of it. I don’t know how often this (inaudible) or whether other parks, like in Peconic, are available with lights at night but to me it seems an excessive amount of money to spend, especially these days. Mr. Wickham raised the cost of electricity and that is a good point, a very good point. Another one I would like to raise is, as a member of the Renewable Energy Committee, how about the effect of lighting on the sky? The one that I know about is at the end of Long Island Expressway at exit oh, 64, at night just to the south of it there is a glow in the sky where presumably some kind of a ball field is being lit up. I mean, it really lights up the place. I don’t know whether this will, too, but if it does, I think it is the wrong way to go. Thank you. Gail Wickham, Esq. SUPERVISOR RUSSELL: Thank you. Gail, I know when I had originally discussed the issue with you, I actually raised the issue, we don’t have dark sky legislation yet in town government but we are certainly cognizant of the challenges. I had asked the director of Planning when she reviewed this application to keep those dark sky initiatives in mind. To my knowledge, that was all done. They have been reviewed thoroughly and well, you can address the outcome of that review. MS. WICKHAM: Yes. As part of both the SEQRA review and the Planning review the question of light spillage and light extraction into the sky was carefully examined. Ward Associates was asked by the Planning Board to produce a map, which is on file with the town, that indicates how much light spillage there is within the fields and beyond the field up to the boundary lines and then beyond the boundary lines of the property to neighboring properties. They were very concerned about it, they made sure that the light spillage was controlled and contained and I think they were, well, I know they were satisfied because they did approve the site plan after we made some adjustments. I also should mention that one of the beauties of these lights is not only are they shielded but they can be easily adjusted on a very fine tuned basis. So if they find that there is spillage in one particular area that is improper, they can adjust them to compensate for that and still maintain the level of safety on the field, which of course is also of great concern. And in talking about the availability of the fields to various users, I do have a letter from the Mattituck soccer club that I can introduce into the record. The soccer representatives did attend most all of the meetings of the park district in preparation of this project and they have programs for children ages 4 through 12 and annual registrations totaling over 400 youth participants from Laurel, Mattituck, Cutchogue, Peconic, Greenport and other east end communities. So this is a very heavily utilized field. And it will continue to do so with the lighting. Mr. McCaffery is expecting that the inside of the fence area will also be able to be used for women’s softball and perhaps used for baseball as well. If that answers your question. COUNCILMAN ORLANDO: Before you leave, I believe the park district now uses temporary construction light towers to simulate this during the fall. August 12, 2008 Page 47 Minutes Southold Town Board Meeting MS. WICKHAM: Well, they have, the soccer club and the park district each purchased I think they are diesel generated, generator light facilities. They probably don’t go up more than 30 feet in the air, they are big square, circles that project outward, they have no shielding, they are noisy and they don’t project so…. COUNCILMAN ORLANDO: These are a lot higher than construction light towers and I am sure more environmentally friendly. (Inaudible) MS. WICKHAM: Yeah, that was just a stop gap measure that was employed just to get through the past several seasons but it really has not been satisfactory to the teams that practice. SUPERVISOR RUSSELL: Yeah, thank you. Would anybody else like to come up and address the Town Board on this? Peter Terranova, Peconic PETER TERRANOVA: Peter Terranova from Peconic. I don’t really have a comment on this particular issue because I don’t know enough about it but I would suggest that the Board look at what is the utilization rate of the fields in Peconic. Get that information before you make a decision because if we have under utilized fields there, perhaps that should have a bearing on whether or not we create additional nighttime capability. SUPERVISOR RUSSELL: Thank you. I do have to tell you, I, the request was signed by me for use and demand on the fields and we do have a substantial amount of demand. The Peconic fields are actually owned by Southold Town, we oversee them, they are within our bailiwick. This particular field is actually park district. It is restricted to the residents of Mattituck and Laurel but the restriction really isn’t in place when you are joining Little League and softball leagues and all those other things because of all the residents that join those leagues. I have to tell you I get a huge demand on park fields regularly and we are to the point now where we are turning people down because of the demand between the competition for upstart lacrosse, upstart football, soccer, baseball, softball. The competition for our scarce parks are getting pretty difficult. Would anybody else like to address the Town Board on this issue? Steve Ostroski STEVE OSTROWSKI: Hi, my name is Steve Ostrowski, Mattituck. I have been a coach with Long Island junior and working out of the Aldrich Lane field for probably five, six years from now. Our biggest problem, okay, as far as lighting goes, we have been working with the park district is there is a large fence separating the baseball fields from the soccer fields. We need that fence ripped down and that will open us up so that we can put a full size soccer field in there and this way we can play at night. The, as far as baseball goes, I have been down there five, six years, I don’t think there has been one scheduled real game down there as far as baseball goes. It has been nothing but a soccer park as far as what I have seen down there. I don’t, I know they have got plans for the future but it would be a great soccer park for the Town. We have proved it with Southold, Greenport and Mattituck teams. I just think that is the way to go, just make it a soccer park and push baseball fields somewhere else. Thank you. August 12, 2008 Page 48 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Would anybody else like to comment on this hearing? Terry Navarra TERRY NAVARRA: Terry Navarra, Mattituck. I am against spending any of the town money on anything like this, like any type of these expenses. Look at towns like East Hampton town and right now they are going through major financial trouble, okay? We are heading for the same direction. They did a whole batch of improvements like this, they came up with all different types of things and then all of a sudden now it is a big burden. Our biggest I think, problem in this town right now is the tax burden on the people. And you know, whatever the improvements is, you know, you got fields, you can use them in the daylight. The cost is not the cost of initially putting it up, it is the cost of maintaining it. The kids shooting out the lights with the bb guns, the parks department getting bigger, next thing you know, you are going to need a parks department the size of the highway department. And that is not really an exaggeration. So, I mean, any, it is a great idea, it makes you feel good but the burden is on a lot of people that aren’t going to be using this park and it is just too much and I think you know, it is no different than the school. It is all great, it is all for the kids and then in the long run, all of the families are breaking up because the schools are breaking up the families because they can’t pay the taxes and they are all moving down to Virginia because guarantee half of your families have left this area. And this is just another, you know, nail in the coffin. Basically that’s, summarizes it. SUPERVISOR RUSSELL: Thanks. Just as a quick clarification, the operating expenses, all of these things, are the burden for the park district for the future. This started under a previous Town Board. There was a commitment made to several different jurisdictions, East Marion, the parks and playgrounds out there, Mitchell Park in Greenport and this in Mattituck. This is a commitment that was made by a Town Board, I think it was just the intent of this Town Board to see those commitments through. We are in for about $100,000 if I am not mistaken out of parks and playground funds, the rest is the cost of the taxpayers of Mattituck park district. This will not be a burden on anybody in Cutchogue, Peconic, Southold or elsewhere. The $100,000 to be sure, is town money. That contribution, like I said, that commitment had been made out of parks and playground funds which is an existing account that we have. Beyond that, we will have, and I know the gentleman raised an issue before regarding uses of soccer fields etc., I can appreciate all of that, it is just outside of our ability to monitor or regulate the use of the fields. That is strictly a park district decision. And they have their own elected officials. JUSTICE EVANS: Gail, what will the impact be on the park district taxpayers? MS. WICKHAM: Excuse me? JUSTICE EVANS: What will be the impact of the bond on the park district taxpayers? MS. WICKHAM: Our treasurer, who is Mr. Cushman, has done an analysis based on the average assessed home, the annual cost of the bond will be between $11 and $13 per year. COUNCILMAN WICKHAM: For how many years? MS. WICKHAM: Five. August 12, 2008 Page 49 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Okay. Would anybody else like to come up and address the Board before we close the hearing? ASSISTANT TOWN ATTORNEY CORCORAN: Actually, I am going to have to keep the hearing open because the clerk has informed me that it did not appear in the newspaper. The advertisement for the public hearing. (Inaudible) So, it is not there. SUPERVISOR RUSSELL: Even though we coordinated a mailing? ASSISTANT TOWN ATTORNEY CORCORAN: Yeah. SUPERVISOR RUSSELL: Okay. We are going to have to keep this hearing open. It is going to have to appear in the paper. Nicholas Degan, MPD Commissioner NICHOLAS DEEGAN: I would like to thank the Board for their input into this (inaudible) MS. WICKHAM: Nick, can you speak up? I don’t think that microphone is working. And I apologize for not introducing Mr. Deegan as one of our commissioners. I didn’t see him in the audience. MR. DEEGAN: Thank you, Gail. Yes, in support of the (inaudible) that play soccer and it would be important and I think it is something that I have been trying to convince my fellow commissioners of the Mattituck park district, would be to put a full size field inside the fence, so we could have the occasional varsity game and that, I think is highly important in the community on the north fork for the parents and the families, brothers and sisters, to be able to see the varsity players play their sport because most those games are played (inaudible) in the afternoon, most parents hardly ever get to see their kids play varsity. So I think that would help, as an overall (inaudible) to utilize the lights much more than you know, it is a fairly substantial amount of money we are spending on it but I still think it is of redeeming value if we can use it for more purposes for the community. So I just wanted to express that to the Board, that’s, we will take it along those lines, that we would like to open it up and hopefully have varsity home games, the odd home game down there, so the parents could actually get to see their kids play. And then I think it would be a full park, fully utilized. Thank you. SUPERVISOR RUSSELL: Okay. Thank you. Would anybody else like to address us on this particular hearing? (No response) Can I get a motion to adjourn? COUNCILMAN WICKHAM: I move to adjourn it but not close it. Closing Statements Supervisor Russell SUPERVISOR RUSSELL: Okay, we have actually concluded the agenda, so now I would invite anybody from the town that would like to come up and address the Town Board on any issue? August 12, 2008 Page 50 Minutes Southold Town Board Meeting Peter Terranova, Peconic PETER TERRANOVA: Good evening. My name is Peter Terranova from Peconic, specifically Peconic Sound Shores, at the end of Mill Lane and Goldsmith inlet. I would like to address the Town Board this evening on the subject of the most recently passed resolution, res 2008-692 titled SEQRA for Goldsmiths jetty. I come before you as a resident of Peconic Sound Shores and not as vice president of Peconic Sound Shores association, as I do not want any of my comments this evening to preclude any legal action that the association may take to protect their property and their rights. First I would like to ask the Town Board just informally, if they know why the jetty was built? And the reason why I ask this question is that there is a lot of widespread mis-information that has found its way in the past studies, analysis and the public record. Anyone care to? SUPERVISOR RUSSELL: I am aware of the basis or the claims that some make that it was built to protect the property to the west. Some claim it was built because there was this highfaluting plan to put in a marina in a, well, in a pond, that never took place. MR. TERRANOVA: That was three years later but you are right on. The jetty was built in 1964 to specifically protect the homes of Peconic Sound Shores, directly to the west of the inlet as stated in the Green and Peterson shoreline impact study which was ordered by the state attorney general’s office in 1982. A secondary purpose was to help stabilize the tidal inlet opening and to this end, the jetty has performed exactly as intended and any attempt to modify or shorten the jetty will have a severe detrimental affect on the protection from storms that the residents of Peconic Sound Shores have relied upon over the years to invest in their homes and property since the jetty was built. Now the Green and Peterson study came to many conclusions, okay, and documented all the severe erosion that occurred between 1959 and 1962 which led up to the construction of the jetty. They also documented that by 72 full impoundment was obtained with sand bypassing the jetty and I even have a photo from 1967 when the jetty was at 50% impoundment that shows sand flowing around the jetty. In any case, the maximum shadow as we know of the Goldsmiths jetty is limited with the Bittner property bulkhead and other structures contributing to natural beach erosion further east. And just as some background because I am new to the Town of Southold as a permanent resident. Sold my home in Jersey, my wife and I, the former Barbara Holden, we now live full time in Peconic. My parents bought their beachfront property in 1956. they wanted the best possible environment for their children to experience and grow up in. And Peconic Sound Shores was like a summer camp, where you could go barefoot all summer and never lock your doors. My parents, while normally risk averse, did make a mistake. They were so enamored by the beauty and tranquility of Peconic Sound Shores, that they invested in a property that was at serious risk. The seller, Harry Tampen, one time supervisor of Oyster Bay, was smart. He was here for the ’44 hurricane and the ’54 hurricane. He knew that there was just a matter of time for the shoreline erosion to devour the beachfront and ultimately destroy the beachfront homes. But we were lucky. After the alarming rate of beach erosion from ’59 to ’62 that occurred in Peconic Sound Shores, up to 18 feet per year, the property owners appealed to town Supervisor Lester Albertson, who was able to initiate jetty construction to protect the homes of Peconic Sound Shores. Now following the construction of the jetty, my parents as well as other residents of the community, invested heavily in their homes and properties and the community has expanded considerably since then. August 12, 2008 Page 51 Minutes Southold Town Board Meeting The lesson here is that anyone who invests in beachfront property is taking an inherent risk unless there is some guarantee of some protection from the sea. The jetty is our current protection and the investments made in our properties as well as the new construction in Peconic Sound Shores which have all been approved by the town since the jetty was built, was made on the basis of the jetty remaining as is. While I am not a registered professional engineer or an oceanographer, I am an graduate engineer from Rensselaer Polytechnic Institute. My 40 year work career includes 30 years in corporate engineer management and 10 years in private entrepreneurship. I say this only to establish my thought and analysis process. I have long adhered to the statement, one and everyone is entitled to their own opinion but we are not entitled to our own facts. Now I wish to return to the resolution. First I am pleased to note that in the resolution to shorten the jetties does not attribute the jetty length to any alleged beach erosions further east beyond the Bittner property. This issue has been studied to death and should have been finally put to bed with the Green and Peterson analysis in 1982. In reviewing the resolution just passed, I am not clear how and why the conclusion that the jetty should be shortened was reached. I do not recall or can find any study title what are the causes of and why does Goldsmiths inlet need to be dredged on a regular basis. Is there such a study that concludes that it is because the jetty is too long? If so, I would like to see it. So I ask, how did the Board or why, that its conclusion that the jetty should be shortened? The analysis of jetty shortening alternatives initiated by the Board starts with the premise that the cause of an inlet dredging is the jetty. This is wrong and suggests that shortening the jetty for some reason is an unstated agenda of the Board regardless of reason. It may come as news to the Board that before the jetty was built, it was an almost annual spring task to open up the mouth of the inlet to maintain tidal flow into Goldsmith pond and maintain the ecological felt of Goldsmith pond and the connecting autumn lake. So we can conclude from that that a shortened jetty or no jetty at all will not mitigate the need for maintenance dredging at Goldsmiths inlet. Now, there is a serious flaw in the goal achievement for jetty shortening as stated in the resolution. The resolution says to reduce the need for dredging at Goldsmiths inlet. Well, before the jetty was built, you had to dredge every year. One does not need to be a rocket scientist to know that with a west to east literal drift, any reduction in the length of the jetty will bring the sand bypassing the jetty closer to the shoreline immediately east of the jetty, thereby driving that sand into the mouth of the inlet with the first north east wind and tide. As documented in the US Army Corps of Engineers 2005 geomorphic analysis of Mattituck inlet and Goldsmiths inlet this inlet is a flood bottoming inlet and as such, will always take in more sediment than flows out. Now turning to the second stated goal in your resolution, that is to mitigate any potential adverse impacts from the reduction in jetty size to down drift properties, that is what it says in the resolution. Question, what properties are you referring to? There are few, if any, private homes in the affected down drift shadow of the jetty. But the entire Peconic Sound Shore community updrift of the jetty will be severely impacted by any shortening of the jetty, as well as homes further to the west situated on the bluff. Why is there no mention of mitigating the definitive adverse impacts on these updrift properties? These two flaws make your recently passed resolution statement and goals of this project misleading at best and most likely, blatantly false. Now, on to the analysis that the Board caused to be prepared, titled ‘An Assessment of Jetty Shortening Alternatives’. Let’s start first with what is stated in the preface, I will not comment on the individuals who conducted the analysis but I wish to take issue with the town officials who provided technical input and directional guidance and commentary to the analysis team, most of whom have demonstrated in the past a August 12, 2008 Page 52 Minutes Southold Town Board Meeting bias on shortening the jetty for reasons unsubstantiated. In reading the analysis report, which I have right over here, I ran out of post-it flags highlighting the errors, mistakes and incorrect assumptions. By any measure, this is a sloppy report and not withstanding the credentials of the authors, it reads as a graduate student thesis at best. Let me point out a few. First and foremost, this is a modeling and simulation exercise attempting to predict the shoreline behavior in a coastline reach from Duck Pond Point to Horton’s Point, which is unique in its (inaudible) from any other point in Long Island Sound. Far too many assumptions are made in this report for this to be used as a credible guideline for shoreline modification. Secondly, the first thing that jumped out at me, they took some specific measurements of inlet flow. These were taken one month after the inlet was dredged and certainly not indicative of any natural state. On page 15, the analysis supposes that deep dredging of the inlet could double ebb type flow velocities, leading to lower water level elevation in Goldsmiths pond and possible negative environmental and aesthetic consequences. Well, I can tell you first hand, this is not true. Because when the deep channel was dredged right up when the jetty was built, I drove my powerboat all the way back into Goldsmiths pond, okay, at low tide. So, that is false. On page 29, the analysis talks about the sediment budget base on numerical modeling, that is to say the amount of literal drift of sediment offshore, what they failed to take into account is that the historical source of significant amount of literal drift sediment was sand from the eroding bluffs west of the jetty. This bluff erosion was dramatically reduced by privately constructed bulkheads and vegetation growth during the benign hurricane activity which we have experienced since the jetty was built. Since this analysis was made in 2005, a significant spit of accreted shore has appeared between the jetty and the Bittner bulkhead. And this spit extends seaward just about the same distance seaward as the Bittner bulkhead. When I look at the modeling that they have, okay, this was not predicted in the genesis simulation of future shoreline conditions with existing conditions as shown on page 30 of the analysis. And brings into question the validity of the entire simulation model. In looking at wave and water level conditions at Peconic Sound Shores, the analysis does not appear to add the wave height to water level storm surge that occurs during a hurricane in their calculation. And erroneously states that the higher water levels would not cause significant damage, overlooking the fact that most of the damage occurs from the debris carried by the water and the waves. I have a photo right here from the 1944 great Atlantic hurricane which shows a huge tree trunk penetrating the foundation of my parents home and the same thing occurred in hurricane Carol in 1954. Another incorrect assumption used in the model, the beach erosion and inland hydraulic conditions were the assumption of 80 degree offshore wave angles. Well, that may be true in a solid noreaster but in a hurricane, the wave angle is dependent on the direction of the wind which is dictated by the path of the cyclonic storm. I have photos right here taken during the great Atlantic hurricane of 1944 and hurricane Carol in 1954 which show wave angles much less than those used in the model in the analysis. On page 44 of the analysis, in discussion of flooding, analysis is made. Using input from the town engineer as to flooding on Mill Lane adjacent to the inlet since 1975 and 1976. What about since 1938? 1944? Or 1954? I recall a painted line on a central placed telephone pole next to the intersection of Mill Lane and Second Avenue that delineated the high water during hurricane Carol in 1954. While not precise, this line was not less than 10 feet high. Which disputes the statement that flooding of the Goldsmith’s parking lot is rare. Go back to the hurricane days and you will that it was there. Now our community of Peconic Sound Shores experienced three major hurricane events over a period of 16 years. 1938, 1944 and 1954. This can and probably will happen again as we move August 12, 2008 Page 53 Minutes Southold Town Board Meeting out of the most recent period of benign hurricane activity in the Atlantic. It is a fact that most experts consider the benign activity of the past 40 years to be abnormal. The Goldsmith’s inlet recreation area is presently a gem on our precious north fork and this recreational resource is made possible by the jetty in its existing present form. On any given day and especially on weekends, the number of people and families enjoying the inlet’s unique characteristics far exceeds the use at many other town beaches and recreation areas, despite the lack of lifeguards and comfort facilities. Shortening the jetty will destroy all of this, as well as seriously damaging the existing natural environment and eco-system. Shortening the jetty will dramatically increase the frequency and amount of dredging required on an annual basis to keep the inlet open. And that means cost to the Town of Southold. As the filet of sand west of the jetty moves around the tip of the shortened jetty to the mouth of the inlet. Don’t for a minute assume that the Town can remove the sand west of the jetty that is on private property prior to the shortening of the jetty. And though not stated in the resolution but privately expressed to me by a town official, is that the jetty needs to be shortened because it is unsafe and the Town is afraid of a lawsuit resulting from injury. If so, why has not the Town proceeded to initiate repairs or block off access to the jetty with a fence or at the very least, post a sign ‘proceed at your own risk’. Or is this just another red herring, similar to Supervisor Horton’s claim that sand was moving through the jetty as an excuse to shorten it. With the jetty impounded with sand for hundreds of feet, there is just no way sand is moving through. Gentlemen and ladies of the Board, your passing of this resolution statement and the analysis study that it is based upon brings to mind the expression, ‘what have you people been smoking and how do I get a hold of some of that?’ I respectfully request that you move to rescind this resolution and all previous resolutions calling for the shortening of the jetty. Stop wasting taxpayers money on consultants and studies and man hours of town employees. While most of the past expenditures have been in the form of grants, it still represents taxpayer money that can better be spent somewhere else or not spent at all. Going forward, I understand the $400,000 grant for this project from the state will require matching funds. Where is this money to come from? As stated by our governor just a few weeks ago, our state faces a fiscal crisis, brought on by the severe contraction in credit. Make no mistake, this contraction in credit, national and perhaps worldwide will impact our town in some form and will last longer than most realize. Local, state, federal government, all government needs to reduce its spending and save every penny it can to maintain essential services while not raising financial burdens to reduce taxes. As far as the dredging of the inlet is concerned, consider the fact that the town spends next to nothing at Goldsmith’s inlet for lifeguards, comfort stations, beach cleanliness, appearance and even garbage removal. One of our residents has to put out their own garbage can to handle the amount of trash that comes from the overabundance of people using it because they love the inlet. Take these savings and use it secure long-term contract for the annual maintenance of the inlet opening consistent with the eastward orientation recommended by the US Army corps of engineer study in 2005, to maintain the eco-system and the unique characteristics of the Goldsmith inlet recreation area. For your reference I have numerous historical photos dating back to 1938 that support the things that I am saying here this evening and I would be pleased to review them with you and show them with you after tonight’s meeting. I hereby provide a copy of my prepared comments to the Town Clerk for inclusion in the minutes of tonight’s meeting. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the August 12, 2008 Page 54 Minutes Southold Town Board Meeting Town Board? Jack Thilberg JACK THILBERG: Jack Thilberg, Southold. I would like to advise the Town Board collectively about an issue that we were requesting assistance with. A resident in our neighborhood on Jacob’s Lane is operating a commercial and industrial business in a residential area. It is not my intent to deny another homeowner an occupational business in the town within the town code. But rather I am requesting assistance in compliance with the usage of such property. Our quality of life has been compromised by this business to the point where we are unable to enjoy our properties inside and out. The constant commercial traffic, trucks, tree- trimming trucks, large dump trucks, heavy equipment as well as commercial noise, products and it is well beyond the spirit of the code, in my opinion. This commercial operation continues seven days a week and we have had no relief with the code enforcement actions taken thus far. In closing, I am making the Board aware the conditions and requesting that the Board assist us by taking the appropriate actions. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. Benja Schwartz, Cutchogue. We have at least three age restricted housing developments in Southold Town. Founders Village, Peconic Landing, San Simeon Nursing Home if you call that a housing development. At least it does house seniors. It also provides special services to those seniors as does Peconic Landing. Services they can’t get outside of the development. Founders Village provides low income appropriate housing for the seniors. I am happy that we are going to do things for the kids but we need to take care of the seniors in this community. What we don’t need to do is allow people who call themselves or masquerading as seniors to create an age restricted housing development in the middle of Cutchogue. This 55 plus age restriction is going to be put on that. You know, I am almost that old. I don’t consider myself a senior and I don’t think I will in five years. People who move in there, people buy that, they are marketing to people that are 55 to 65. That is fine but what about in 20 years? Those people are going to be 75 and 85. They might not want to live there anymore, so they will want to sell those but a lot of the people will hang in there because that is the way they do. Some may die. The people (inaudible) who is going to want to buy those houses and live with a bunch of 75 to 85 year olds? In an appropriate situation, yes. You know, I mean, I don’t think there is very many young people who are interested in moving into San Simeon Nursing Home. They don’t have to put an age restrict on it. But an artificial age restriction creates a fantasy land for people who not only they are not seniors but they are probably of all the age groups in our society, the least deserving of special tax breaks and a right to, it is the only discrimination that the federal government allows, is this age discrimination in housing. They can’t, you cannot have a sex limited to one sex housing or you can’t keep out Arabs or the only discrimination is allowed is age restrictions. It is wrong. Well, I don’t have time to go through all the details tonight. One of the members of the Group for Cutchogue found this book about the subject, which is very easy to read, there is even some fun, funny parts in it and I would like to present a copy of it to the Town Board tonight for you to share. If you would like more copies, I was able to get a copy through the Suffolk County Library system, inter library loan. We also have put a page on Save Cutchogue dot com website, shop for your August 12, 2008 Page 55 Minutes Southold Town Board Meeting community. Anything that you purchase on that page, you will not only get the lowest discount price available on the internet, if you get two copies or something else with it, you will get free shipping. It is about $15. But Save Cutchogue gets 15 percent back from Amazon.com. It won’t cost you anything. Anyway, I would like to present this book to you (inaudible). Start on the end here, because I know my neighbor Tom Wickham has spoken about this issue. COUNCILMAN KRUPSKI: You don’t think we will be all done with this tonight, do you? MR. SCHWARTZ: Tonight? Yes, I am going to wait here while you read it. I want you to read it right now. I know Tom Wickham has spoken about being uncomfortable with this issue. But he also spoke about this development being similar to Founders Village. It is not. It is like nothing else in Southold Town. And if you don’t understand that, then I think you should educate yourselves or if you have any questions, there is also on the same page on the save Cutchogue.com, there is some other excerpts and links to the author’s website and the author’s blog. And that is, and there is also another book that you can buy there and some other things. I would just like to read one paragraph from the book. One paragraph. ‘To be sure, our elders have (well, maybe two paragraphs) special needs, which are often sadly ignored by our youth centered society. Age restrictions can be appropriate if not redundant for institutions which address those needs, such as specialty care facilities or vitally needed low income senior housing. However, something is rotten at the core of these leisurevilles. While it is not for me to say senior citizens shouldn’t enjoy themselves, the reality behind age segregation is another matter. No clever euphemism can hide the fact, these communities are based on a selfish and fraudulent premise, the exclusion of children and families. And I want to emphasis that this is not seniors who are excluding children and families. This is middle aged people, who somehow they lobbied and got themselves considered seniors. A couple of other issues, very quickly, I would like to just touch base on the issue of petitions and does anybody on the Board know how the property on which the Heritage at Cutchogue is proposed to be built, how that was rezoned? Is there anybody who knows? SUPERVISOR RUSSELL: Yes, there is. The same questions we get all the time and answer yes. In 1983 a petition to the Town Board… MR. SCHWARTZ: A petition of one person. SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: But it was by a petition. One persons. And now we have a petition of 1,300 people which is being ignored. This morning could I ask the members, did you all vote to hold an executive session this morning? COUNCILMAN WICKHAM: Not on this subject. SUPERVISOR RUSSELL: But yes, we had executive session today. MR. SCHWARTZ: No, that was not the question. Not on this subject, but did you have a vote August 12, 2008 Page 56 Minutes Southold Town Board Meeting to enter into executive session? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: You had how many votes? How many executive sessions? SUPERVISOR RUSSELL: We had one executive session, then we broke for lunch and then we resumed executive session after lunch. And we took a vote each time. COUNCILMAN KRUPSKI: It dealt with personnel and property acquisitions. MR. SCHWARTZ: There were three or four executive sessions on the agenda. SUPERVISOR RUSSELL: What we did was, those are items on the agenda. The executive session is a time frame, we went into executive session with the specific discussion before lunch, which was property acquisition; then we broke, came back from lunch, went back into executive session again specific to pending litigation and personnel. MR. SCHWARTZ: I never heard from you but I have a letter from New York State Department of State committee on open government. It was sent to me and it was sent to you, I believe, SUPERVISOR RUSSELL: Yes, I read it. MR. SCHWARTZ: And you seemed like you were taking note of it for a couple of meetings. SUPERVISOR RUSSELL: Oh, we were taking note of it today as well. MR. SCHWARTZ: I don’t think so. SUPERVISOR RUSSELL: I disagree. We call for an executive session, we took a vote, we outlined specifically what the executive session was in reference to. When you say personnel, I have no obligation at all to tell you what personnel matters are being discussed. We did everything right, we are taking… MR. SCHWARTZ: What about litigation? What litigation? SUPERVISOR RUSSELL: He asked what litigation was for and I said a follow up on Cross Sound ferry. And the discussions that we had. MR. SCHWARTZ: So that was done orally. It wasn’t done on the agenda. SUPERVISOR RUSSELL: No, just like the vote is done orally. MR. SCHWARTZ: So the only way that somebody could know what is going on is by being there at the work session? So what is the point of having an agenda if it doesn’t indicate what August 12, 2008 Page 57 Minutes Southold Town Board Meeting the agenda items are about? SUPERVISOR RUSSELL: I will grant you that and say that I should have specified executive session on the agenda, litigation with reference to Cross Sound ferry. I will spot you that and I will give you that and it won’t happen again. MR. SCHWARTZ: Well, that would be great. I would love, then I don’t have to continue to discuss that. SUPERVISOR RUSSELL: Well then what else can I give you? Benja, you are right on that. We put the agenda together in a hurry two days ago. MR. SCHWARTZ: Opinions. We all have opinions. Presented an opinion to you a couple of weeks ago from the New York State Court of Appeals. The highest court in New York State. It said that if you were to rezone, undo the spot zoning by rezoning, the hamlet density zones, that the town has the right to do that and the developer could sue if he wanted to and he would lose. Now Supervisor Russell at least and I think some of you other agreed with him, Mr. Wickham said I am 100% behind everything that Russell said on this issue. You said that you had talked to someone on this issue that told you that if the town rezoned that property, that the developer would sue and the town would lose. Is that not correct? SUPERVISOR RUSSELL: No. That is a very simplistic, as usual approach and misleading. MR. SCHWARTZ: Can you clarify here? SUPERVISOR RUSSELL: Yes. We talked to counsel on how to deal with this project. We aren’t happy with the project as proposed. We talked with counsel both in-house and out on how to address what our goals and our needs are. We are doing everything we can, by the way, when Councilman Wickham agreed with me two weeks ago, so did you. Everything we can to get to… MR. SCHWARTZ: You are kidding. SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: I agreed with you as to what should be done? SUPERVISOR RUSSELL: No, what our goal was. What our goal was. MR. SCHWARTZ: I don’t know about that. SUPERVISOR RUSSELL: Watch the tape, Benja. I am sure you do. MR. SCHWARTZ: I think the goal to not have what is proposed, I would agree with you. But to, I don’t believe that the size of that project can be reduced and after reading… August 12, 2008 Page 58 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Excuse me, your own website outlines what you would support. A reduction in units, smaller units that are affordable. Your own website outlines all those things. I will go to my office right now and put it out for you. It is every goal we have been outlining from the beginning. We have been consistent. I might, with all due respect, you are the one who keeps changing the game plan. Today you are talking about rezoning, two weeks ago you were talking about scaling it back and making it affordable. MR. SCHWARTZ: You are joking…. SUPERVISOR RUSSELL: Three weeks ago, you wanted us to buy it. MR. SCHWARTZ: Hey, I didn’t think that you were a fool. SUPERVISOR RUSSELL: I certainly…. MR. SCHWARTZ: And I thought that you were an ethical person and honest. SUPERVISOR RUSSELL: I am. Two weeks ago we had this discussion… MR. SCHWARTZ: I have been talking about rezoning since just about two years ago, the first time I came before you. SUPERVISOR RUSSELL: And two weeks ago, we had this discussion about the reduction of the units. Of 50% open space…. MR. SCHWARTZ: And the only way… SUPERVISOR RUSSELL: (Inaudible) And you said, then Councilman Wickham said he agreed with me and then you said I agree with you, too. I read your website every day, Benja. Those same goals are outlined on your own website. COUNCILMAN WICKHAM: The comment that I agreed with is when the Supervisor said I don’t think a rezoning is the shrewdest method at this point and I agreed with that. MR. SCHWARTZ: Why? Why is that? Why is that? COUNCILMAN WICKHAM: Because for me, I can’t speak for him, because I think there are other ways that the town can shape this project to make it meet the town’s needs and the town’s objectives. And I think that we have those tools and today we discussed other ways to strengthen them and I think we have the willpower to impose them. MR. SCHWARTZ: Okay. Well, we have talked about those other ways and I really don’t want to waste my time continuing to talk about them here. They are being dealt with currently at the Planning Board, by the Planning Board as you know. So the reason that I am here, as you know, August 12, 2008 Page 59 Minutes Southold Town Board Meeting is to discuss not those other ways but this specific way. By rezoning. And when you say you are doing everything you can, what you mean is you, you are hoping the Planning Board is doing everything it can but the Town Board is the Board that has the power to do rezoning and it is not. SUPERVISOR RUSSELL: To do rezoning if rezoning was essential to achieving our goal. I don’t think it is. We are doing everything we can with discussions with the Planning Board ongoing, in regard to site plan, open space issues, all of those things. We talk about this over and over again. MR. SCHWARTZ: Well, your reason for doing rezoning is what is changing. SUPERVISOR RUSSELL: No. MR. SCHWARTZ: With all due respect Mr. Russell…. SUPERVISOR RUSSELL: I told you… MR. SCHWARTZ: Excuse me… SUPERVISOR RUSSELL: It is not a shrewd… MR. SCHWARTZ: Could I speak? SUPERVISOR RUSSELL: You have been. It is not a shrewd move. MR. SCHWARTZ: Yes but I can’t speak when you are interrupting me. You know it is not easy for me to come here, I don’t like coming here, I would like to stay home with my dog. SUPERVISOR RUSSELL: I doubt that very much but please continue. Please. MR. SCHWARTZ: Thank you. initially your position was very clear. You said I am not going to support a rezoning because if we do a rezoning, the court will undo it. SUPERVISOR RUSSELL: That is right. MR. SCHWARTZ: That is right. SUPERVISOR RUSSELL: That is right. MR. SCHWARTZ: And now you are saying you are not going to do a rezoning because it is not necessary. Because the Planning Board is taking care of the problem. SUPERVISOR RUSSELL: It is not the shrewdest move for the town to reach its goals. It is not a good legal move and every counsel I talk to suggests that is not the direction you should go in if you want to achieve your goals. Now I have outlined my goals for that site time and time August 12, 2008 Page 60 Minutes Southold Town Board Meeting again. MR. SCHWARTZ: Okay. What counsel have you talked to? SUPERVISOR RUSSELL: I have talked to counsel both in-house and outside. People who are in land use for a living. They are attorneys every day. MR. SCHWARTZ: An issue of this moment, don’t you think that you would go beyond talking? That you would put something in writing? SUPERVISOR RUSSELL: I would rather not, given the litigation sensitivity to any action we take on the part, no, I don’t think that is shrewd either Benja. I disagree with that factually. I fundamentally disagree with that from a legal strategy. MR. SCHWARTZ: By putting nothing in writing, what you are also doing is cutting the citizens and the public and everybody else out of the process. SUPERVISOR RUSSELL: No, we are… MR. SCHWARTZ: You can’t argue with this opinion of, we don’t even know who the opinion is by. SUPERVISOR RUSSELL: You can argue with it…. MR. SCHWARTZ: You said the town attorney is one the persons…. SUPERVISOR RUSSELL: We also had a former councilman who… MR. SCHWARTZ: What is the opinion? What is the opinion? SUPERVISOR RUSSELL: The problem is, the question is, we don’t mind losing on a rezone. But what do we lose in the process? What control of this process do we lose if we rezone? The whole issue becomes a side show… MR. SCHWARTZ: You are presuming that we are going to lose. SUPERVISOR RUSSELL: What is that? MR. SCHWARTZ: You are presuming we are going to lose. SUPERVISOR RUSSELL: It is not a question… MR. SCHWARTZ: That is not what I am talking about. SUPERVISOR RUSSELL: It is not a question if we lose, it is what will, I have to weigh the August 12, 2008 Page 61 Minutes Southold Town Board Meeting risks and the benefits of every action we take. And the risk of losing not just losing but what we lose in the process which is the ability to steer this project in the direction we want is not worth that risk. MR. SCHWARTZ: When I started law practice, one of the things that I was taught was whatever case comes to you, the first thing you do is put down the balance, what is the positive and negative. SUPERVISOR RUSSELL: We have done all that. MR. SCHWARTZ: Put it on paper. And this opinion, the claim that you have an opinion of an attorney that you are going to lose, I would like to see that in writing. SUPERVISOR RUSSELL: It is not a question of what we… MR. SCHWARTZ: Did you hear me? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: I didn’t ask for an answer. SUPERVISOR RUSSELL: (inaudible) in a position to make demands. We are not, I will tell you everything that has been conveyed to me, I have been doing that for two years. It is not a question of losing, it is what we lose in the process. Councilman Ross, former Councilman Ross, who is also an attorney by trade, had that same view. That it is not losing, it is what we lose in the ability to control this process. And so far Benja, it has been two and a half years since I have been here, and have you seen ground broken yet? MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: It is not happened yet. MR. SCHWARTZ: It has been 25 years, over 25 years since that property has been rezoned and it has never been more on track to be developed. That property is not appropriate for high density, it is not in the hamlet center. The zoning in that property is in conflict with the hamlet density studies that were recently… SUPERVISOR RUSSELL: Your own website disagrees with that premise because your own website outlines what you think we should do; a reduction in units, open space, all those things. You outline on your own website. That is what I mean about you keep changing the argument. One week you say this, a week later you, your own website says that. I have it printed out right in my own office. I will gladly share this with you after the meeting. That is what your website says. It is the goals… MR. SCHWARTZ: I won’t be here for the next meeting and I would welcome for you to bring August 12, 2008 Page 62 Minutes Southold Town Board Meeting anything from my website and bring it here. But for you to take things out of context and just, you know, I know what is on the website because I wrote it. SUPERVISOR RUSSELL: Sure. MR. SCHWARTZ: And that is not what it says. That all we have to do is reduce a few units. It mentions that as one of the issues but it has always focused on the main issue, which is we need to do a rezoning. SUPERVISOR RUSSELL: Okay. MR. SCHWARTZ: I have a, some, two quick newspaper, oh, no, one is a newspaper, one is from the Long Island business news. The newspaper a few weeks ago, in Riverhead, Riverhead town set a new record several days in a row for using more water than they ever had from the municipal Riverhead water supply system. I just thought I would mention it here at the town meeting because it seems like that is relevant to Southold Town and yet the Suffolk Times did not carry the story. In the Long Island business news, they have an interview with yourself, Supervisor Russell and in the interview they are talking about Suffolk County Water Authority putting, coming into Shelter Island and taking over Shelter Island. You chose not to answer the question, whether that was a good idea or not but you did say if Suffolk County Water Authority is permitted to come in, the Shelter Island town government should keep the coverage area of the Shelter Island things very firm and very small. With all due respect, I don’t believe that is happening here in Southold and you know, we are pumping water from Riverhead. Well, I mean, in this article I think you, I believe you did agree with the reporter or something that water, public water drives development. And you spoke about how that is happening in Southold Town. SUPERVISOR RUSSELL: It provides the absolute challenges. Absolute challenges, but the zoning, we are talking about the Heritage because of the zoning that was put in place 25 years ago. Not because of the presence of public water on Depot. MR. SCHWARTZ: What is going on with public water on Depot? SUPERVISOR RUSSELL: My understanding is they plan on bringing…. MR. SCHWARTZ: Tom. Tom Wickham. SUPERVISOR RUSSELL: Down Depot. MR. SCHWARTZ: Do you… SUPERVISOR RUSSELL: I am sorry, I was talking Benja. And you interrupted me. When I interrupt you, you get very… MR. SCHWARTZ: That is alright. No, I am sorry, Scott. I apologize. The thing was, Mr. August 12, 2008 Page 63 Minutes Southold Town Board Meeting Wickham was rolling his head as he always does when I…. SUPERVISOR RUSSELL: He was reading leisureville with great, he was engrossed in leisureville. MR. SCHWARTZ: Good. Excuse me. But Tom, seriously, do you know what is going on with Suffolk County Water Authority on Depot Lane. COUNCILMAN WICKHAM: I don’t. MR. SCHWARTZ: Do you, Mr. Russell? SUPERVISOR RUSSELL: I know what they are proposing. Bringing it down Depot, going along Schoolhouse, if I am not mistaken or the Main Road. I do know that they already priced out an estimate for key charges to the developer at the Heritage. MR. SCHWARTZ: Okay. So you are not aware of the information that I have that I have heard that they recently put a water main into the north end of Depot Lane? SUPERVISOR RUSSELL: That is where they were going to, and bring it down south eventually. Their goal was to hookup the south side of the Main Road with the north side. MR. SCHWARTZ: Yeah. They have a transmission main. It runs the length of Depot Lane from the North Road to Schoolhouse Road. SUPERVISOR RUSSELL: That is right. MR. SCHWARTZ: But they put, I believe… COUNCILMAN WICKHAM: That might be on their plan but I drive Depot Lane virtually every day, including this evening and I don’t think there is any construction at all on Depot Lane. MR. SCHWARTZ: To the old Beachcomber resort? COUNCILMAN WICKHAM: Oh, way up to the north there. MR. SCHWARTZ: That is what I am talking about and I have been told that they just put in pipes up there. SUPERVISOR RUSSELL: That is right. MR. SCHWARTZ: And my, well, but, I think we should be keeping track. I agree with you that we should stand firm and we should keep the coverage area small, we should keep ourselves informed as to what they are doing… August 12, 2008 Page 64 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: We do. MR. SCHWARTZ: And…. SUPERVISOR RUSSELL: (inaudible) I thought you were talking about Depot between North Road and Main Road, I happen to agree with Tom, there is no construction there. The Beachcomber we are well aware… MR. SCHWARTZ: (inaudible) proposed construction… SUPERVISOR RUSSELL: It has already been before this Board and we are very aware of the water issues and problems along Bridge Lane, Vista Bluff and those communities that already exist and the Beachcomber for that matter. We are already aware of that. MR. SCHWARTZ: Okay, well, is there a way that I could find out about that without having to spend days filing FOIL requests? COUNCILMAN WICKHAM: There is an approved water mains map, approved by the Town of Southold…. MR. SCHWARTZ: It was done a couple of years ago, but it doesn’t tell you what is happening on an ongoing basis. COUNCILMAN WICKHAM: (inaudible) Suffolk County Water Authority and endorsed by the Suffolk County Department of Health Services. All of the work that the SCWA is doing has been authorized and listed on that map. If you want to know what they are doing or will be doing, look at the map. MR. SCHWARTZ: I have been studying that map and that, it is hard to understand from that map what their plans are but it does nothing to tell me what their current operations are. What they are planning this month, next month… COUNCILMAN WICKHAM: You can contact them. MR. SCHWARTZ: They are two years old. SUPERVISOR RUSSELL: They don’t provide a time frame for future construction. MR. SCHWARTZ: I have tried contacting them. SUPERVISOR RUSSELL: They generally won’t provide a time frame for future construction of installation of water mains. They are a public authority. MR. SCHWARTZ: Are you aware that they just sent letters to the residents of Schoolhouse Road? August 12, 2008 Page 65 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: I wouldn’t be surprised. That would be about the right…. MR. SCHWARTZ: And they gave them a time frame of two weeks or so to decide whether they wanted to hook up this year? SUPERVISOR RUSSELL: Yes, I am aware that they were sending out letters out a year ago across the street because I was president of the library then when we got one. I know what they generally do is go out and canvass a community prior to the water coming in and they try to get as many people on public water as possible. But they are a public authority, they don’t provide a time table to us as to where they are going and when they are going there, only that they won’t deviate from that existing map without Town Board approval. Or joint approval for that matter. MR. SCHWARTZ: Well, I was unaware that that was on the map but I will review the map and check it. SUPERVISOR RUSSELL: My understanding was…. MR. SCHWARTZ: But my understanding is that this Town Board does have authority to oversee, to supervise that, what the SCWA is doing in the Town of Southold. SUPERVISOR RUSSELL: We do not. What we have is hopefully an agreement and that will allow us to do that but we don’t have the right to supervise or oversee the SCWA no more than we have the right to oversee LIPA. It is a public authority created state statute and with the authority of the State of New York and Suffolk County legislature. Not Southold Town. They have tried to develop water policy but that is in the past. We are not always in agreement with the SCWA but they are very much their own entity. They do not have to come to us, hat in hand, to ask for permission for anything other than franchise agreements to go under land, under public streets. MR. SCHWARTZ: Well, for one reason or another, they were willing to enter into an agreement to relinquish some control over their operations in the Town of Southold to Southold Town Board and I believe that it is important for this Board to monitor what is going on and what that company is doing. I believe you do have the authority. How that is exercised, I don’t know. But if you don’t try, it is not going to happen. Please try. COUNCILMAN KRUPSKI: We do. SUPERVISOR RUSSELL: We do with the water map. COUNCILMAN KRUPSKI: We do try. SUPERVISOR RUSSELL: Nancy? Nancy Sawastynowich, Cutchogue NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz from Cutchogue. I August 12, 2008 Page 66 Minutes Southold Town Board Meeting started the book, you guys will really enjoy it, I highly recommend it because it really tells you the truth about 55 and older communities. It is really an eye opener and I have only gotten through half of it but this is kind of interesting. Do you remember how everybody always says the golden years? It explained it in the book and it is amazing to me because I always feel like getting older really hurts, everything bothers you. buy anyway, it was a wealthy Arizonian 55 and over developer and his name was Dell Webb, he decided (inaudible) old age wasn’t so bad, he declared, in fact, ‘it could represent the best years of one’s life. Something to look forward to, rather than dread.’ To help spread his message, Webb called late life the ‘golden years’. So it is pretty, it is fun, it is informative but it does talk about legislation on fair housing and it goes into the laws that congress passed and I won’t read it all but it did, it is an eye opener about the banning of children and they lobbied hard, the seniors lobbied against that but there is in this he explained the housing was specifically designed for senior citizens under the aegis of government programs. The housing was occupied exclusively by persons aged 62 and older or at least 80% of the housing was occupied by households with at least one person 55 or older. If the percentage of homes owned by residents of the qualifying age drops below 80%, a community loses its age segregated status and then the gates are suddenly opened to one and all. So that was kind of interesting. In this book you will see all these hidden little things that we never think of, like you know, I would never think of anything like this, so it is a way for us to protect ourselves and it is a quick read. I mean, I don’t have time to read and I read it. But just one more thing that I did learn in the book, this is kind of fun. So leaving the age limit to 55 opens the market to a much larger demographic of potential buyers, especially if one member of a household has to qualify. A sugar daddy can still live with a 25 year old wife or even a college age child and if the real estate market sags, the developer has the option of abandoning the 80% mix and opening the properties to all ages. So, you know, because I think Mr. Wickham was worried about the you know, 55 and older doesn’t have to have all the treatment plant for that type of development but my point is, I don’t think, when you read this, you will see how it is not a normal way to live. I like having a, you know, kids around and old people around…. SUPERVISOR RUSSELL: I can talk to the developer tomorrow and I am sure he would be glad to drop the 55 and over requirement. We insisted on that to protect the school for unwanted expansion for taxes. He would probably drop that tomorrow to cast his marketing to a much wider audience. I don’t think that, I think that is contrary to your interest and goals in terms of intensity of use and traffic and everything else in the hamlet of Cutchogue. Also, the tax abatements that Benja referenced before, they are available to condos, 55 and over has no bearing on it. It is New York State real property law 339Y and 581. There is no reference to 55 and over, it is just simply condos. Whether there are 10 kids and two parents in a house or 55 and over, the tax abatement is based on the form of ownership not on the age restriction. Also, as a parent of young children, anybody that is 55 and over that is out there, that doesn’t want to live next door to me, I don’t blame you. And two dogs. MS. SAWASTYNOWICZ: My point is, with the 55 and older the way it is, they will be able to have cesspools on those little lots… SUPERVISOR RUSSELL: They would… August 12, 2008 Page 67 Minutes Southold Town Board Meeting MS. SAWASTYNOWICZ: That is the part that bothers us. SUPERVISOR RUSSELL: That is something for the Department of Health to figure out. The original proposal which did not have an age restriction, I believe that (inaudible) but also many more units. So, there is the trouble. There is 167 some odd proposed in the beginning, that is, you know, that is not more compelling to me because it had chromoglass. MS. SAWASTYONWICZ: Yeah, those things stink. Okay, thank you. But anyway, I hope you all can find time to read the book, it is very informative, there is a lot of hidden things behind big projects like that. And there is one that is in Florida that like, is so big and I am reading this thing and I am going, oh, god, not out here, please. Thank you. COUNCILMAN ORLANDO: Is there a chapter in there about ‘Scott, sugar daddy, Russell?’ SUPERVISOR RUSSELL: Vinny, I am 44. You are giving me 11 years. Roberta Lee, Cutchogue ROBERTA LEE: There is so much to say, Roberta Lee, Cutchogue. There is so much to say, I am in practically complete, completely different, I have a completely different point of view. I find it, like, I feel like I am strangling trying to talk about this because it is so emotional. I have a nice home, I have beautiful garden and one thing I miss is some of the children and some of you on this Board may know, I have been an advocate for young children in our area and some of them now they are growing up and they grow up into college and suddenly my garden is very quiet. The swing doesn’t move by itself. I am profoundly sad about that. Anybody you know, these children are going to grow up and they are going to be the ones who are going to be paying into the social security to support us later on. And to have, if everybody jumps on kids when they don’t show proper respect to their elders, well, I would like to ask each and everyone of you to please examine your own conscience about how you feel about children. And say being dismissive of them and oh, everybody 55 and older then, Supervisor Russell just said, doesn’t want to live next to me, I can’t blame them, what does that say to you about your feelings about family life, examine it before….it is not funny, Scott. SUPERVISOR RUSSELL: It is not funny but everybody, I have my children with me at work everyday, everybody knows I spend an awful lot of time with my son and my daughter, I love them very much. However, again, we can ask the developer tomorrow to do away with that covenant, he gladly would. Is that really what you want? I think you are looking at issues to take…. MS. LEE: You know what is going to happen… SUPERVISOR RUSSELL: Exception to that aren’t going to achieve your larger goals. MS. LEE: Well what is going to happen in a market like this when you can’t give a house away, how do you see them opening up, that, that, that, opening the portal so to speak? SUPERVISOR RUSSELL: Frankly I don’t see it. I am not a prognosticator but I don’t see it. I August 12, 2008 Page 68 Minutes Southold Town Board Meeting think the market has left them, too. I can’t, he is the developer, he has to make those fiscal decisions. But we have goals in mind, we are sticking to them. We are working together as a Board to achieve those goals. MS. LEE: Are you open minded enough to read that book? SUPERVISOR RUSSELL: Yes, I am. I was already referred to it, like I said, I go on your website daily and it was already brought to my attention. But I haven’t read it yet. MS. LEE: Good. I hope every person on this Town Board reads this book because it is going to open your eyes to some things and I would like to have the respect of this Town Board in terms of this group from Save Cutchogue because we are not you know, here for fun or to be made fun of and we would also like to have the audibility increased in, the microphones we can’t hear half of the time what anybody is saying up there. Everything is mumbled. Mumbled, mumbled, mumbled, mumbled, mumbled. So please work on that. I have said it any number of times. I don’t have a hearing problem, except here. So let’s do that. Let’s please be open minded and in order to get respect, you have to give it. So let’s, lower the levity and understand that I am here at quarter after nine and I have ten people in my house right now who have been there waiting for me and I haven’t seen them in three years. So I am here because of my concern for this community and I would like to be taken as seriously and as respectfully as I return my seriousness and respectfulness to you. Thank you, ladies and gentlemen. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board this evening? Emily Brady, East Marion EMILY BRADY: Emily Brady, East Marion. And to lighten up the mood a little bit, Joan Egan gave me strict instructions to let you all know she wasn’t feeling well and that is why she isn’t here. SUPERVISOR RUSSELL: If you see her before I do, wish her the best. MS. BRADY: Okay. John Verity SUPERVISOR RUSSELL: And hope that she feels better. Thank you. Would anybody else like to address the Town Board? JOHN VERITY: Good evening, my name is John Verity. The reason I am here is, if I get up in the morning again and my son asks me again are we going to fly today? I think I am going to get a bit upset. We have been dealing with this situation about (inaudible) with remote control airplanes now for about three years out here and I really feel that it just needs to be addressed at this time. So we have been going from place to place, here to there and it has always ended up as a complaint comes in and simply it is no longer allowed. I feel it is a great sport for the kids, we get a lot of involvement with it when we are flying. We get some interest, we get a lot of fathers and sons and probably 60% of them are retirees are involved with it. We have since, probably about two months ago, lost our last area there that we were flying at and I am just August 12, 2008 Page 69 Minutes Southold Town Board Meeting coming to the Town to see if there is something that the Town could do…. SUPERVISOR RUSSELL: Can I ask you something? Had you been at all been utilizing town property and you were chased off of that or was it other property? MR. VERITY: I wouldn’t even consider going to town property without asking… SUPERVISOR RUSSELL: Yeah, talk to me tomorrow and we will sit down with Ken Reeves and Jim McMahon to figure out if you guys can book yourselves at certain times so that… MR. VERITY: Well, it is not as simple as that. They are not these small electric toys. My son, he flies some, it is a precision aircraft. It is not simply a Styrofoam toy. He has invested quite a bit into it. SUPERVISOR RUSSELL: Sure. Come to me tomorrow and we will figure out what your needs are and we will see what we have available or if we can find something else. I actually haven’t been aware of this but I would be glad to sit down and work with you to try to find some….. MR. VERITY: Well, you must have seen, I mean, you see small cells of these guys here and there… SUPERVISOR RUSSELL: Yeah. Well, where you got chased off, were there police officers? MR. VERITY: No, no. not like that. It is just generally people come with a complaint. And to be frank, yes, if I was sitting on my porch and I was listening to that, I may be annoyed about that, too. It is not as fun watching it as it is actually participating in it. COUNCILMAN ORLANDO: So they are a little loud? They make some noise? MR. VERITY: It depends on which type of aircraft. My son’s is a gas powered, it is not as annoying as the nitro-methane types, which have that high piercing ‘neeee’ sound to it. And there are other ones that are quieter. My concern though, is to try to establish a place where we can have our club, we are self-maintaining, self-staffing, self-supervising and we come with $2.5 million liability insurance through the AMA, which alleviates any liabilities to the landowner or to the Town. I frankly don’t feel the town has a sufficient piece… SUPERVISOR RUSSELL: Let’s sit down and talk and we will see what we can work out. I would like to help you in anyway we can. MR. VERITY: What I was hoping is, something within the land preservation where we have this land and there are fields that are sitting there. All’s we need is grass and the ability to be able to mow it and maintain it. We are a very clean group, we have got great guys involved in it and like I said, it is a great thing for the youth to be involved with because there is very few things out here for the kids to be involved in. August 12, 2008 Page 70 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: I agree. I agree. And I will tell you, I don’t know how loud they are but I guarantee you, they are not as annoying as a bellefour 30 with six people on it on their way to East Hampton. So I would be happy to help you anyway I can. MR. VERITY: Inaudible. SUPERVISOR RUSSELL: Call me either tomorrow or Thursday. We will sit down, we have a good knowledge of the inventory here, we will see what we can do. I know nothing about it, so I don’t know what your needs are. But we will be happy to…. MR. VERITY: Inaudible. SUPERVISOR RUSSELL: Okay. What I will do is I will sit down and get some specifics from you, talk to Jim McMahon and bring something to this Board in two weeks and see what we can work out. MR. VERITY: Inaudible. SUPERVISOR RUSSELL: Yeah, well, why don’t you just come, give me a call at the office tomorrow and I will work out a time that I can meet with you in the next day or two. If it is a weekend, that is fine, too. Alright. MR. VERITY: Okay. Thanks. SUPERVISOR RUSSELL: Anybody else? (No response) Can I get a motion to adjourn? Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:23 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell