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HomeMy WebLinkAboutTB-12/16/2008 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 December 16, 2008 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, December 16, 2008 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on December 16, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived William Ruland Town of Southold Councilman Present Vincent Orlando Town of Southold Councilman Present Albert Krupski Jr. Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Kieran Corcoran Town of Southold Asst Town Attorney Present I. Reports 1. Budget Report Month ended November 30, 2008 2. Board of Trustees November 2008 3. Department of Public Works November 2008 4. Judge Price Jr. November2008 December 16, 2008 Page 2 Minutes Southold Town Board Meeting 5. Recreation Dept. Monthly Report October 2008 6. Justice Court Monthly Report - Bruer November 2008 7. Town Clerk Monthly Report November 2008 8. Claim Lag Report - Island Group 11/1/07 to 10/31/08 II. Public Notices 1. Proposed Aquaculture Project Great Peconic Bay 2. Application by NYS DEC to Army Corps of Engineers Construct boat launch/floating dock system and replace structures in Mattituck Creek. Written comments accepted prior to January 5, 2009 3. Application to NYS Liquor Authority North Fork Wines & Vineyards LLC, 19110 Soundview Ave, Southold for a Farm Distillery License. 4. NYS DEC Notice of Complete Application Applicant: Shawn Tully, ROW off Kayleigh’s Ct., East Marion, to subdivide property 5. Renewal of Liquor License with NYS Liquor Authority North Steak LLC d/b/a O’Mally’s, 44780 Middle Rd & Rt 48, Southold III. Communications IV. Discussion 1. 9:00 Am - John Cushman Budget 2. 9:30 Am - Peter Harris Maintenance Mechanic/Tree Trimmer 3. 10:00 Am - Heather Lanza December 16, 2008 Page 3 Minutes Southold Town Board Meeting Code Committee Discussions - Wireless Facilities - update on consultants work and next steps - Residential Site Plan Design Requirements - Ferry use in the MII zone 4. Department of Natural Resources 5. 10:30 Am - Jim McMahon 2009 Community Development Program Budget 6. 10:45 Am - Jim McMahon, Jamie Richter Dreging Goldsmith Inlet 7. Set Date for Scoping Session - Goldsmith Inlet 8. 11:00 Am - Max Moran Rental Permit Legislation 9. Cell Tower Moratorium 10. Omnipoint Waiver 11. Follow-Up - Town Employees on Committees 12. 12:00 Noon - Melissa Spiro 2009 Contracts with Peconic Land Trust and the Nature Conservancy 13. 12:30 Pm - LUNCH 14. 1:30 PM - Executive Session - Melissa Spiro Potential property developments rights acquisition and discussion of value of property 15. Comp Time/Overtime - Per Supervisor Russell 16. Update on PEP Meeting - Per Councilman Krupski 17. Set Date/Time for Code Committee Re: Code Enforcement 18. Request for Refund for ZBA Fee 19. Appointments Planning Board, ZBA, Board of Ethics, Land Preservation December 16, 2008 Page 4 Minutes Southold Town Board Meeting 20. Set Public Hearing for Coastal Erosion Appeal Pledge to the Flag SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the flag. I would ask anybody that has any question or comment that they want to bring to the Town Board’s attention with any of the resolutions as they appear on the agenda. Please feel free to come up now. Opening Statements Peter Teranova, Peconic PETER TERRANOVA: Peter Terranova from Peconic. I wish to pass on some comments regarding resolution 2008-1075 which calls for the dredging of Goldsmith’s inlet at a cost not to exceed $40,000. First I would like to commend the Town Board for having this resolution come before you. It shows your commitment to the health of the inlet and the pond and the concerns of the residents of Peconic sound shores. And for that I am very grateful. But I want to recommend that this resolution not be adopted at this time and I want to give you some very specific reasons. The status of the inlet opening into Long Island Sound right now is currently not bad and it is not in imminent danger at this point of closing up like it was at this time last year. The inlet channel right now is flowing quite nicely in terms of rate of water coming in and out. We do have an S configuration which is a little bit abnormal and that S configuration is dangerously close to undermining the road on the west side right next to the parking lot and I know we just recently repaved that road. So you know, that is a concern. If we feel the need to take advantage of the short time window that we have to do any maintenance work there, I would suggest placing some stone and fill on the west side next to the road to shore that up, okay, and removing that S bit on the east side, thereby nudging that channel slightly to the east where it used to be to better promote sand moving to the downdrift beaches. And I have some pictures here, I just, when I left the meeting from earlier, you just have an S configuration right now, okay, this is where you are getting undermined next to the road. We have got this spit over here, removing that material on this side, placing some of that over here, okay? It would help that situation and would also promote as I said, downdrift sand movement down to the downdrift beaches. Nothing I heard in today’s work session leads me to believe that we have a well thought out and documented plan for this dredging that would achieve specific results. Consequently, we are guaranteed to spend $40,000. When we ask a contractor to remove some sand not to exceed $40,000, you know what is going to happen. He is going to spend $40,000, okay? You need a specific plan. Somebody has, I think it was mentioned in today’s meeting or at least we addressed that issue relative to things like purchase of copy paper and so on and so forth and competitive bids. I mean, a project like this, okay, we are saying to a contractor, go out and spend $40,000. And what is the specific goal? Are we telling him to, that we would like him to move this to here or you know? I don’t know that there is a written plan, with at least a sketch that tells that contractor exactly what it is that the town engineer would like him to do. COUNCILMAN ORLANDO: Councilman Krupski and I were down there with Jamie Richter and Chesterfields and we talked about it in detail and the long and short was that they were going work on it but we were down there at low tide. Maybe there was a foot of water there. I mean, it December 16, 2008 Page 5 Minutes Southold Town Board Meeting was flowing at a decent rate, maybe three or four knots but, or maybe a foot of water. So we are just, we encourage Chesterfield and came up with a plan about basically following the natural path of it but creating it deeper so the flow is more volume coming out of that. COUNCILMAN KRUPSKI: And the little, on the east side, what you talked about. That shaded in area on your diagram, that will be also removed because that will help as far as the undermining of the road situation. And the plan there actually is to take sand out, it is only about five days worth of work, to take sand out and to move it to the east and to put it above high water, so sand will be put back into the littoral drift and provide for beach replenishment further to the east. So that is basically all dredging projects, maintenance dredging projects are and we do, we did, I think, when I say we, I mean the county but the Town did 12 last year on the creeks on the bay and they just come and they dredge what is there; they put it up on the beach and it flows back into the littoral system. Into the sand system. MR. TERRANOVA: Okay. COUNCILMAN KRUPSKI: So it is not like they, they usually don’t have a specific yardage, it is hard to estimate, they can estimate the yardage but they don’t know what the yardage is. They just keep working until they feel the work is done. They have got a certain depth of mean low water. In this case, I don’t think we are going to go to mean low water, they are just going to move as much sand as they can. MR. TERRANOVA: Okay. Well…. COUNCILMAN KRUPSKI: Inaudible COUNCILMAN ORLANDO: Inaudible MR. TERRANOVA: This past week we had a kind of unusual event. The moon was closer to the earth within the past week than it has been in 15 years which resulted in abnormally high and abnormally low tides. If you went at dead low tide this past week, that water was abnormally low. Had you come at high tide, you would be amazed at the depth and width of the channel. COUNCILMAN KRUPSKI: Mmmhmm. MR. TERRANOVA: What I just want to emphasize at this point is that the depth and the width at, let’s take midway, high low, okay, is quite good right now, okay? Any increase in depth or width at this point will just exacerbate the flood shoal issue which exists in the back of the pond by moving more sediment into the back and that is something that we really need to avoid. In fact yesterday I spoke with George (?) down at Stony Brook and New York State DEC and he agreed that that issue that we had back at the pond is something you know, that needs to be addressed. And he is really looking forward to working with the Town and the county on addressing that issue. So, I even have some pictures here of that flood shoal that is building up back towards Hugh Switzer’s property in the back there, that shows at low tide how bad it is and how bad it has gotten. Because that sediment has been building up, building up over time and December 16, 2008 Page 6 Minutes Southold Town Board Meeting every time we just deepen up that entrance channel, we just drive more sediment into the back pond, okay? So my recommendation, okay, at this point, okay, is that we spend the minimal amount to shore up next to the west side, where it is next to the road, we straighten out that channel, allowing it a moderate orientation to the east to provide sediment flow to the downdrift beaches; I can’t see that taking five or six days but you know, I am not an expert in that regard. It just seems to me that that is probably no more than a one to two day operation. But then again, I am not an expert in that regard. I would just spend the minimal amount at this point and bank the rest. To be quite honest with you, $40,000 is a lot of money to spend, it is not like that the inlet is ready to close up, there is some small maintenance work that I think needs to be done or should be done but other than that…. COUNCILMAN ORLANDO: We will manage this one very closely, we will be down there everyday. Albert and I will be down there, we will have lunch with the contractor… COUNCILMAN KRUPSKI: Sure. COUNCILMAN ORLANDO: And if it takes three days, then they will be done in three days. MR. TERRANOVA: Right. What I would like to do and by the way, I appreciate you know, members of the Board coming down to look at the situation, I wish I could give you some advance notice, I would love to take you folks, anybody really of the Town Board or the Town engineer and walk around and show you some of the things that might not be obvious to folks that don’t live down there. Some of the local residents have a, since they live there every day, they walk there everyday, they kind of see some of the things that go on relative to the nature and how things move around that might be informative to everyone. So I want to extend that invitation to anyone on the Town Board who would like to come down and spend some time and walk the beach with me and I can show you some things. Okay? COUNCILMAN KRUPSKI: Thank you. MR. TERRANOVA: Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on any of the agenda items? Lillian Ball, Southold LILLIAN BALL: Is the Mark Terry report and the natural resources department on the agenda? Or is that only on the work session? SUPERVISOR RUSSELL: No, it was on the work session today. We met with Mark, Scott and others. What we are going to do is craft and draft language that is going to outline what their duties and responsibilities are and then we are going to pass that at a Town Board meeting, th probably in two weeks; it would be the meeting of the 6. And then direct Town Board department heads. LILLIAN BALL: Mmmhmm. May I read something regarding those two things? December 16, 2008 Page 7 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: I would ask you just to wait a few minutes and then at the end of the meeting you can come up and address those issues. LILLIAN BALL: Fine. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on those agenda items? (No response) Hearing none, let’s move forward. V. Resolutions 2008-1057 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit December 16, 2008 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby December 16, 2008. ? Vote Record - Resolution RES-2008-1057 ? 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 2008-1058 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Organizational Meeting 2009 RESOLVED that the Organizational Meeting of the Town Board of the Southold Town Board be held, Tuesday, January 6, 2009 at the Southold Town Hall, Southold, New York at 11:00 AM. December 16, 2008 Page 8 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-1058 ? 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 2008-1059 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting of Town Board RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, January 6, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2008-1059 ? 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 2008-1050 Tabled 12/2/2008 7:30 PM CATEGORY: Attend Seminar DEPARTMENT: Planning Board Grant Permission to Mark Terry, Planner, to Attend Peconic Estuary Program Strategic Planning on Shelter Island, New York on December 8 and 9, 2008 RESOLVED grants permission to Mark that the Town Board of the Town of Southold hereby Terry, Planner, to attend Peconic Estuary Program Strategic Planning on Shelter Island, New York on December 8 and 9, 2008. All expenses for registration and travel to be a legal charge to the 2008 Planning Department budget (meetings and seminars). December 16, 2008 Page 9 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-1050 ? 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 2008-1060 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Fishers Island Full-Time Employees 2009 Rate Incr WHEREAS, a the Board of Commissioners of theFishers Island Ferry District adopted resolution at their December 3, 2008increasingthe following full-time personnel wages by 3.5% effective January 8, 2009, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the following full- time employees’ wages by 3.5% effective January 8, 2009: Barrett, Frederick Grote, Bryan Burke, Stephen Hoch, Richard Brown, Donald Lynch, Matthew Doherty, Thomas Marshall, Jesse Dumouchel, Robert Lefevre, Raymond Easter, Mark Morgan, John Espinosa, Nicholas O’Keefe, Conal Fiora, Michael Paradis, John Schmid, Nina December 16, 2008 Page 10 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-1060 ? 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 2008-1061 CATEGORY: Budget Modification DEPARTMENT: Town Attorney Trustees Budget Modification RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Trustees budget as follows: From: A.8090.1.300.100 $119.25 Seasonal Employees – Regular Earnings To: A.8090.1.300.200 $119.25 Seasonal Employees – Overtime Earnings The purpose of this budget modification is due to various events within the Town of Southold wherein boat traffic was higher than usual, therefore, more boats needed service requiring more time to service the vessels. ? Vote Record - Resolution RES-2008-1061 ? 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 2008-1062 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: December 16, 2008 Page 11 Minutes Southold Town Board Meeting To repair and maintain outboards RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Town budget as follows: From: A.3130.4.100.200 Gasoline & Oil $2,000.00 To: A.3130.4.400.650 Vehicle Maintenance & Repairs $2,000.00 ? Vote Record - Resolution RES-2008-1062 ? 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 2008-1063 CATEGORY: Budget Modification DEPARTMENT: Public Works DPW Truck Repairs Fiscal Impact: Repairs to DPW Truck - PW-8 to pass NYS Inspection RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Department of Public Works budget as follows: From: A.5650.2.100.100 Salt/Sander $3,500 A.1490.1.100.200 Overtime Earnings $1,500 To: A.1620.4.100.650 Vehicle Maintenance & Repairs $5,000 December 16, 2008 Page 12 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-1063 ? 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 2008-1064 CATEGORY: Grants DEPARTMENT: Community Development 2009 Youth Service Grant RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign the Individual Program Application for the 2009 Southold Youth Services Program, in the amount of $10,580.00 ? Vote Record - Resolution RES-2008-1064 ? 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 2008-1065 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Conveyance Documents and All Other Necessary Documents in Connection with the Town’s Purchase of the Caraftis Property, SCTM #1000- 113-12-14 RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the conveyance documents and all other necessary documents in connection with the Town’s purchase of the Caraftis property, SCTM #1000-113-12-14 . December 16, 2008 Page 13 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-1065 ? 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 2008-1066 CATEGORY: Budget Modification DEPARTMENT: Land Preservation Budget Modification - CPF Legal Fees Fiscal Impact: The purpose of this budget modification is to make funding available for year-end anticipated legal counsel fees for land acquisitions and related services. RESOLVEDhereby modifies the 2008 that the Town Board of the Town of Southold Community Preservation Fund budget as follows: FROM: H3.8660.2.600.100 Land Acquisitions $ 12,000.00 TO: H3.8660.2.500.100 Legal Counsel $ 12,000.00 ? Vote Record - Resolution RES-2008-1066 ? 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 2008-1067 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - SWMD Fiscal Impact: December 16, 2008 Page 14 Minutes Southold Town Board Meeting These modifications are needed to cover greater than expected costs in the lines effected. All allocations to be covered through savings in MSW line. No impact to latest total budget projection for 2008. RESOLVED modifies the 2008 Solid that the Town Board of the Town of Southold hereby Waste Management District budget as follows: From: MSW Removal SR 8160.4.400.805 $8,910.00 TO: Employee Work Gear SR 8160.4.100.120 $ 400.00 Scale Maintenance SR 8160.4.400.600 600.00 Scrap Tire Removal SR 8160.4.400.815 800.00 Hazardous Waste Removal SR 8160.4.400.840 5,500.00 Groundwater Monitoring SR 8160.4.500.150 1,610.00 ? Vote Record - Resolution RES-2008-1067 ? 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 2008-1068 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification Central/Copy Express Mail Fiscal Impact: Express Mail budget line was depleted. Transfer of money from regular postage to cover shortage. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: A.1670.4.600.400 Central Copy & Mailing $1,000 Postage To: A.1670.4.600.500 Central Copy & Mailing $1,000 Express Mail December 16, 2008 Page 15 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-1068 ? 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 2008-1069 CATEGORY: Budget Modification DEPARTMENT: Town Clerk 2008 Whole Town Budget Modification for Philip Beltz Fiscal Impact: Transfer of funds to pay for travel expenses incurred by employee RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Town budget as follows: From: A.7310.4.500.100 Professional Services $ 200.00 To: A.7310.4.600.300 Travel Reimbursement $ 200.00 ? Vote Record - Resolution RES-2008-1069 ? 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 2008-1070 CATEGORY: Budget Modification DEPARTMENT: Accounting Modify Budget for Medical Claims RESOLVEDmodifies the 2008 budget that the Town Board of the Town of Southold hereby as follows : December 16, 2008 Page 16 Minutes Southold Town Board Meeting General Fund Whole Town From: A.1990.4.100.100 Unallocated Contingencies $ 5,000 A.9010.8.000.000 Employees Retirement System 20,000 A.9015.8.000.000 Police Retirement System 85,000 A.9040.8.000.000 Workers Compensation 15,000 A.9055.8.000.100 CSEA Benefit Fund 10,000 A.9060.8.000.000 Medical Insurance 190,000 A.9901.9.000.300 Transfers to Risk Retention Fund 175,000 To: A.9901.9.000.000 Transfers to Health Plan $500,000 Employee Health Plan Increase: Revenues: MS.5031.00 Interfund Transfers $500,000 Increase: Appropriations: MS.9060.8.000.000 Medical Benefits $500,000 ? Vote Record - Resolution RES-2008-1070 ? 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 2008-1071 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Lease Agreement (Agreement No. 525- CAP-CAP-1749.519-07) Between Suffolk County Office for the Aging and the Town of Southold for Acquisition of a 2008 Ford E450, 14-Passenger Transit Bus, Vehicle Identification No. 1FD4E45S88DB51057, for the Human Resource Center RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Lease Agreement (Agreement No. 525-CAP- CAP-1749.519-07) between Suffolk County Office for the Aging and the Town of Southold for acquisition of a 2008 Ford E450, 14-passenger transit bus, Vehicle Identification No. December 16, 2008 Page 17 Minutes Southold Town Board Meeting 1FD4E45S88DB51057 , for use by the Human Resource Center for a term commencing on November 1, 2008 through October 31, 2013, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-1071 ? 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 2008-1072 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept the Bid of Burt’s Reliable, at a Fixed Differential Price of $0.135 Per Gallon Above the Northville Rack Price, for Supplying the Town of Southold Highway Department with Ultra Low Sulfur Diesel Fuel RESOLVED accepts the bid of Burt’s that the Town Board of the Town of Southold hereby Reliable, at a fixed differential price of $0.135 per gallon above the Northville Rack Price, for supplying the Town of Southold Highway Department with ultra low sulfur diesel fuel for the 2009 calendar year, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2008-1072 ? 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 2008-1073 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept the Bid[S] of Petro Commercial Services, at a Price of $0.1385 Per Gallon Fixed Differential Above the Northville Rack Price, for Supplying the Town of Southold with Both Unleaded Gasoline [Ethanol] and Unleaded Plus Gasoline [Ethanol], Respectively, for the 2009 Calendar Year December 16, 2008 Page 18 Minutes Southold Town Board Meeting RESOLVED accepts the bid[s] of Petro that the Town Board of the Town of Southold hereby Commercial Services, at a price of $0.1385 per gallon fixed differential above the Northville Rack Price, for supplying the Town of Southold with both Unleaded Gasoline [Ethanol] and Unleaded Plus Gasoline [Ethanol], respectively, for the 2009 calendar year, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2008-1073 ? 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 2008-1074 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept the Bid of Sound Shore Excavating Corp. in the Amount of $14.20 Per Cubic Yard, for Supplying Bulk Sand for 2009 RESOLVEDccepts the bid of Sound that the Town Board of the Town of Southold hereby a Shore Excavating Corp. in the amount of $14.20 per cubic yard, for supplying Bulk Sand for Ice Control and Highway Maintenance to the Highway Department for the 2009 calendar year, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2008-1074 ? 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 2008-1075 CATEGORY: Bid Acceptance DEPARTMENT: Community Development Goldsmith Inlet Dredging 2009 December 16, 2008 Page 19 Minutes Southold Town Board Meeting RESOLVED hereby authorizes Chesterfield that the Town Board of the Town of Southold Associates to perform maintenance dredging work at Goldsmith Inlet , all at the rates set forth in the competitively awarded Suffolk County Rate Schedule for Construction Equipment Services, in connection with the dredging work, scheduled for January of 2009, at a total cost not exceed the 2009 Budget amount of $40,000, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-1075 ? 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 2008-1076 CATEGORY: Support Resolution DEPARTMENT: Town Clerk Great South Bay Hard Clam Fishery RESOLVEDsupports resolution no. 1, that the Town Board of the Town of Southold hereby presented at the December 10, 2008 Suffolk County Supervisor’s Association meeting which reads as follows: WHEREAS , the Suffolk County Supervisor's Association has acknowledged that the harvest of shellfish from underwater lands has been an important element of the Great South Bay's social and cultural traditions, as well as its economic base; and, WHEREAS , the decline of the harvest of hard clams has affected the local economy of this area. For example, in 1976, the harvesting of hard clams in Town of Brookhaven's waters was at 221,018 bushels, but harvesting had declined to 2,265 bushels in 2007. The number of permits issued to harvest hard clams in the Town of Brookhaven has declined from over 1,000 permits in 1976 to under 100 permits in 2007. This overall decline of shellfish harvesting has cost the local economy approximately $63 million. As a result, several fishermen and baymen are losing job December 16, 2008 Page 20 Minutes Southold Town Board Meeting opportunities; and WHEREAS , several efforts have been made by the local government to restore and replenish the ecology of the Great South Bay in order to save the hard clam fishery industry, but additional resources are needed; and WHEREAS , the Suffolk County Supervisor's Association fully supports the efforts of Sen. Charles Schumer and New York State Governor David Paterson to recommend to the United States Department of Commerce that the Great South Bay be designated as a "commercial fishery failure" in order to receive federal emergency resources to restore and save the Great South Bay hard clam fishery, NOW, THEREFORE, be it RESOLVED , by the board of the Suffolk County Supervisor's Association that upon the recommendations of Sen. Charles Schumer and New York State Governor David Paterson, that the United States Department of Commerce request for the National Marine Fisheries Service to review and examine the harvest and economic data of the Great South Bay hard clam fishery; and be it further RESOLVED , that the National Marine Fisheries Service's assessment be taken into consideration in order for the United States Department of Commerce to make an informed decision on the question of granting a federal designation to the Great South Bay's hard clam fishery as a "commercial fishery failure". ? Vote Record - Resolution RES-2008-1076 ? 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 2008-1077 CATEGORY: Employment - Town DEPARTMENT: Accounting December 16, 2008 Page 21 Minutes Southold Town Board Meeting Amend Resolution 2008-1018 RESOLVEDamends Resolution # 2008- that the Town Board of the Town of Southold hereby 1018 dated December 2, 2008 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Gary Ostroski to the position of a Full Time Food Service Worker for the Human Resource Center, effective $24,980.36 per annum November 23, 2008, at a rate of . (his salary changed from hourly to annually) ? Vote Record - Resolution RES-2008-1077 ? 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 2008-1078 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Amend Retirement Date of Martha Jones Res. 105 RESOLVEDamends resolution #2008- that the Town Board of the Town of Southold hereby 105, adopted at the December 2, 2008 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Martha Jones from the position of Clerk Typist in the Assessors Office, effective January 5, 2009. January 9, 2009 ? Vote Record - Resolution RES-2008-1078 ? 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 December 16, 2008 Page 22 Minutes Southold Town Board Meeting 2008-1079 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Island Group 2009 Health Plan Administration RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with Island Group Administration, Inc. for the administration of the Town of Southold Employee Health Plan for the 2009 calendar year, said agreement subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-1079 ? 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 2008-1080 CATEGORY: Budget Modification DEPARTMENT: Public Works Modify the 2008 General Fund Department of Public Works Budget Fiscal Impact: Cost of chairs for the meeting hall was more than anticipated, carpeting cost less; there was just a slight shortage for Seasonal Employees. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2008 General Fund Department of Public Works budget as follows: From: A.1620.2.100.400 Buildings & Grounds, Equip. $1864.10 Furniture & Furnishings, Carpet A.1620.2.300.200 Buildings & Grounds, Equip. $1588.00 Vehicles, Trucks A.1620.4.400.200 Buildings & Grounds, C.E. $ 717.86 C.S., Property Maint/Repairs December 16, 2008 Page 23 Minutes Southold Town Board Meeting To: A.1620.2.100.300 Buildings & Grounds, Equip. $4136.68 Furniture & Furnishings, Chairs A.1620.1.300.100 Buildings & Grounds, P.S. $ 33.28 Seasonal Employees, Regular Earnings ? Vote Record - Resolution RES-2008-1080 ? 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 2008-1081 CATEGORY: Budget Modification DEPARTMENT: Planning Board Budget Mod. - Tree Committee Fiscal Impact: Funds are needed to cover cost of tree planting and memorial plaques for the town's tree program. RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: Revenues : A.2705.30 Gifts & Donations Tree Committee Donations $3,000.00 To: Appropriations : A.8560.4.400.200 Tree Committee, C.E. C.S., Trees & Committee Expense $3,000.00 ? Vote Record - Resolution RES-2008-1081 ? 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 December 16, 2008 Page 24 Minutes Southold Town Board Meeting 2008-1082 CATEGORY: Support Resolution DEPARTMENT: Town Clerk Overcharges in NYSHIP RESOLVEDsupports resolution no. 2, that the Town Board of the Town of Southold hereby presented at the December 10, 2008 Suffolk County Supervisor’s Association meeting which reads as follows: WHEREAS , the Suffolk County Supervisor's Association has acknowledged that health insurance premiums and costs are increasing each year through the New York State Health Insurance Program (NYSHlP). As a result, this has placed an overwhelming burden on municipal budgets; and WHEREAS , the Suffolk County Supervisor's Association has learned that the insurance companies who contract with NYSHIP have been retaining premium overcharges amounting to $540 million over the past several years. In the 2009-2010 fiscal years, it is projected that these companies will collect a $300-$375 million overcharge; and WHEREAS , given the current financial and economic climate, it is troubling for the member towns of the Suffolk County Supervisor's Association to struggle to afford insurance coverage for their employees on an annual basis and insurance companies are profiting from these practices. We, as towns, can no longer afford these practices. NOW, THEREFORE, be it RESOLVED , by the board of the Suffolk County Supervisor's Association that New York State Governor David Paterson continue to reform NYSHIP by authorizing an independent review of NYSHIP practices by an outside healthcare and/or benefits firm; and be it further resolved RESOLVED , that New York State Governor Paterson should authorize to return a portion of the premium overcharges to the towns of Suffolk County. We propose a one-month premium December 16, 2008 Page 25 Minutes Southold Town Board Meeting holiday for the municipalities in an effort to reclaim a portion of the premium overcharges from New York State. ? Vote Record - Resolution RES-2008-1082 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-1083 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept Bid - Uniforms - Police RESOLVED accepts the bid of Hoppy's that the Town Board of the Town of Southold hereby Cleaners to supply the town with Police Uniform Cleaning for 2009 in the amounts indicated on the bid submitted, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2008-1083 ? 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 2008-1084 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept Bid - Police Uniforms RESOLVED accepts the bid of Charles that the Town Board of the Town of Southold hereby Greenblatt, Inc., to supply the town with Police Uniforms for 2009 in the amounts indicated on the bid submitted, all in accordance with the Town Attorney. December 16, 2008 Page 26 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-1084 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? 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 2008-1085 CATEGORY: Surplus Equipment DEPARTMENT: Police Dept Surplus Vehicle - Police RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the following surplus police vehicle: 1997 FORD Crown Victoria - color Tan - VIN 2FALP71WVX150545 - 125,780 miles Contact person is Lt. H. William Sawicki (631) 765-2600. Vehicle is in "as is" condition and may be viewed at Lou's Garage, Pacific Street, Mattituck, New York. RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. ? Vote Record - Resolution RES-2008-1085 ? 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 2008-1086 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby December 16, 2008 Page 27 Minutes Southold Town Board Meeting Town budget as follows: From: A.3120.4.100.600 Uniforms & Accessories $3,500.00 To: A.3120.2.500.450 Respirator Fit Tester $3,500.00 ? Vote Record - Resolution RES-2008-1086 ? 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 2008-1087 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Debt Interest RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.9730.7.000.000 Bond Anticipation Notes Interest $ 21,000 To: A.9710.7.000.000 Serial Bonds Interest $ 21,000 ? Vote Record - Resolution RES-2008-1087 ? 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 2008-1088 December 16, 2008 Page 28 Minutes Southold Town Board Meeting CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Westlaw Agreement Between the Town of Southold and West Group RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Westlaw Agreement between the Town of Southold and West Group regarding the renewal of the Agreement for the Government Select Plan for 36 months at a monthly cost of $273.70, which will provide a 50% discount on all print subscriptions, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-1088 ? 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 2008-1089 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Accept 2009 Heating Fuel Oil Bid RESOLVED accepts the bid of Burt’s Reliable to that the Town Board of the Town of Southold hereby supply the town with #2 Heating Fuel Oil in the amount of 14.5¢ above Northville Industries consumer rack wholesale price on date of delivery, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2008-1089 ? 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 2008-1090 CATEGORY: Refund DEPARTMENT: Town Clerk December 16, 2008 Page 29 Minutes Southold Town Board Meeting Grant a Refund of $950.00 to Ye Olde Party Shoppe, Inc. for Zoning Board of Appeals Permit No. WP 169 RESOLVEDgrants a refund of $950.00 that the Town Board of the Town of Southold hereby to Ye Olde Party Shoppe, Inc. for Zoning Board of Appeals Permit No. WP 169 at the recommendation of the Zoning Board because although the permit was issued, the event never took place. ? Vote Record - Resolution RES-2008-1090 ? 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 2008-1091 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation C W Francis - Set Public Hearing RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold sets Tuesday, January 6, 2009, at 4:35 p.m., Southold Town Hall, 53095 Main Road, hereby Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by C.W. Francis & Son, Inc. Said property is identified as part of SCTM #1000-19.-1-14.7. The address is 32400 Route 25 and the property is located in the R-80/R-200 zoning districts and is approximately 300 feet southwesterly from the intersection of Old North Road and NYS Route 25 in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 23.0± acres (subject to survey) of the 26.48± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $80,000 (eighty thousand December 16, 2008 Page 30 Minutes Southold Town Board Meeting dollars) per buildable acre for the 23.0± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ? Vote Record - Resolution RES-2008-1091 ? 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 2008-1092 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: As per Chief of Police, Detective On Call was a new appropriation line created in 2008, not previously funded; Seasonal Regular earnings increased due to doubling of Crossing Guard daily rates effective 7/1/08; Seasonal Overtime exceeded the budget because of special events and being short one TCO RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Town budget as follows: From: A.3120.1.100.300 Full Time Employees Vacation Earnings $86,600.00 To: A.3120.1.100.201 Full Time Employees Overtime - Detective On Call $53,000.00 December 16, 2008 Page 31 Minutes Southold Town Board Meeting A.3120.1.300.100 Seasonal Employees Regular Earnings 31,000.00 A.3120.1.300.200 Seasonal Employees Overtime Earnings 2,600.00 ? Vote Record - Resolution RES-2008-1092 ? 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 2008-1093 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Preventative Maintenance Agreement Between Water & Waste Equipment, a Division of WWE, Inc. and the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Preventative Maintenance Agreement between Water & Waste Equipment, a Division of WWE, Inc. and the Fishers Island Sewer District for the maintenance of the District Pump Station for a total of two visits at a total contract price of $2,174.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-1093 ? 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 2008-1094 CATEGORY: Advertise DEPARTMENT: Town Clerk Advert for Ethics Board, Planning Board & ZBA December 16, 2008 Page 32 Minutes Southold Town Board Meeting RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for the following three (3) Boards in the Suffolk Times for 2 consecutive weeks: Board of Ethics, Planning Board and Zoning Board of Appeals. ? Vote Record - Resolution RES-2008-1094 ? 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 2008-1095 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Maureen Cullinane to the Land Preservation Committee RESOLVEDappoints Maureen that the Town Board of the Town of Southold hereby Cullinane to the Land Preservation Committee to fill the vacancy created by the resignation of Michelle Zaloom, effective immediately through March 31, 2010. ? Vote Record - Resolution RES-2008-1095 ? 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 2008-1096 CATEGORY: Grants DEPARTMENT: Community Development 2009 CDBG Program RESOLVEDadopts the following 2009 that the Town Board of the Town of Southold hereby Community Development Block Grant Program Budget and authorizes and directs Supervisor Scott A. Russell to sign the CDBG Program Description Forms December 16, 2008 Page 33 Minutes Southold Town Board Meeting in connection with the 2009 CDBG Program in the amount of $130,000. ProjectBudget Home Improvement Program $77,500 Peconic Recreation Center – Handicapped Lift $20,000 Administration $13,000 North Fork Early Learning Center – Child Day Care Facility $ 7,500 Robert Perry Child Day Care Center $ 7,500 Community Action Southold Town CAST $ 7,500 ? Vote Record - Resolution RES-2008-1096 ? 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 42. Statement ASSISTANT TOWN ATTORNEY CORCORAN: Excuse me, Louisa. I apologize. You are correct to read it but we have an amendment to this resolution, this is for, to authorize the Town Board as commissioners of the East-West fire district to enter into an agreement with the Village of Greenport for the provision of fire services to that district but I would like to propose that you amend this resolution to set a public hearing on the agreement for January 6, 2009 at 4:50 PM at Southold Town Hall regarding an agreement between the Town Board of the Town of Southold and the Village of Greenport for the term commencing January 1, 2009 and ending on December 31, 2018, terminable on one years notice regarding the provision of fire protection and emergency response services to the East-West district for the payment for 2009 not to exceed $547,534 and be it further resolved that the Town Board of the Town of Southold authorizes, until such time as any agreement may be authorized, the payment to the Village of Greenport for the provision of such services on such terms. 2008-1097 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney East-West Fire Protection District Agreement Between the Town of Southold and the Village of Greenport for the Provision of Fire Protection and Emergency Response Services to the East-West Fire Protection District December 16, 2008 Page 34 Minutes Southold Town Board Meeting RESOLVEDsets a public hearing for that the Town Board of the Town of Southold hereby Tuesday, January 6, 2009 at 4:50 PM, in the Meeting Hall at the Southold Town Hall, 53095 Main Road, Southold, New York regarding a proposed Agreement between the Town of Southold and the Village of Greenport for the provision of fire protection and emergency response services to the East-West Fire Protection District, for the term commencing January 1, 2009 and ending on December 31, 2018, terminable on one year’s notice, with payment for 2009 not to exceed $547,534.00 and be it FURTHER RESOLVED that the Town Board of the Town of Southold, until such time as any Agreement may be authorized, authorizes the continued payment to the Village of Greenport for the provision of such services, on the terms proposed in the Agreement. ? Vote Record - Resolution RES-2008-1097 ? 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 2008-1098 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Set CEA for Bombara 1/20/09 9:00 AM RESOLVEDsets January 20, 2009 at 9:00 AM that the Town Board of the Town of Southold in the Town Meeting Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a public hearing on the Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara, relating to a proposed new single-family dwelling, garage and swimming pool proposed to be located at 1725 North Sea Drive, Southold, SCTM #1000-54- 4-19 , and directs the Town Clerk to publish notice of such appeal in The Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail. December 16, 2008 Page 35 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-1098 ? 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 2008-1099 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Set 3/10/09 at 4:35 Pm Goldsmiths Inlet RESOLVED March 10, 2009 4:35 that the Town Board of the Town of Southold hereby sets p.m. at the Southold Town Hall, 53095 Main Road, Southold , as the time and place to hold a public scoping session to allow the public and agencies to provide input into the issues and information to be presented in the DEIS for the Assessment of Jetty Shortening Alternatives Goldsmith Inlet, Bay and Adjacent Shorelines. A complete copy of the draft scope is available at the Southold Town Clerk’s office during normal business hours and is also available on the Town’s website: southoldtown.northfork.net. At least 10 days will be provided for written comment after the close of the public hearing. ? Vote Record - Resolution RES-2008-1099 ? 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 2008-1100 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set 1/6/09 4:40 Residential Site Plans 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 16 day of December, 2008 a Local Law entitled “ December 16, 2008 Page 36 Minutes Southold Town Board Meeting Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold” and 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 January 6, 2009 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Design Standards and The proposed Local Law entitled, Regulations for Residential Site Plans in the Town of Southold” reads as follows: LOCAL LAW NO. OF 2008 “A Local Law in relation to Design Standards and Regulations for A Local Law entitled, Residential Site Plans in the Town of Southold” . BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1 . Legislative Intent The Town of Southold’s Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings of Southold’s future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town’s remaining natural environment; to prevent further deterioration of the Town’s natural resources and to restore the Town’s degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile December 16, 2008 Page 37 Minutes Southold Town Board Meeting travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold “Hamlet Study”. The Hamlet Study represents a unique exercise in Southold’s long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee reviewed the high density residential zoning, including Hamlet Density (HD) and Hamlet Business (HB), and proposed amendments. A public hearing was held on the proposed Code amendments on September 23, 2008. Thereafter, the Town Board, Planning staff and Code Committee met on several occasions to review the public comments and further discuss appropriate amendments to the town code. These proposed amendments are designed to assure that residential development in the residential zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments December 16, 2008 Page 38 Minutes Southold Town Board Meeting intend to assure a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population, and protect groundwater, open space and community character. The business zones that allow residential development have been removed from the proposal at this time, as the Planning Board, Town Board, and Code Committee have agreed that it is appropriate to examine the business zones and their uses comprehensively in the near future. Section 2 . CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold § 280-137. Standards for residential site plans. The purpose of these residential site plan standards are to provide for a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population and protect groundwater, open space and community character. A. The Planning Board's review of the application and plans with respect to residential site plans shall include their compliance with the following: (1) The requirement that the applicant attend a pre-submission conference, at which time the applicant, the Planning Board and planning staff shall discuss the salient design features of the application. At such conference, the applicant shall be provided with a copy of the then-existing design manual as adopted by the Planning Board. (2) The applicable provisions of this chapter. (3) Where applicable, Town Law § 274-a and General Municipal Law § 239-m. (4) Construction standards and specifications of the Town highway specifications, Chapter 161 of the Code of the Town of Southold. For the purposes of residential site plans, one dwelling unit is the equivalent of one residential lot. (5) The requirements of the existing resources and site analysis plan(s) (ERSAP) and the allowable density of dwelling units as calculated using the yield plan criteria for standard subdivisions set forth in §§ 240-10A and B(2) of the Code of the Town of Southold, Subdivision of Land. (6) The provisions of Article XI, Cluster Development, of Chapter 240 of the Code of the Town of Southold, Subdivision of Land, as may shall be applied by the Planning Board in its discretion to residential site plans in residential districts, and may be applied by the Planning Board to residential site plans in December 16, 2008 Page 39 Minutes Southold Town Board Meeting business districts., where it determines that such cluster development shall benefit the Town and the natural and scenic qualities of open lands. In doing so, the Planning Board shall establish conditions on the ownership, use and maintenance of such open lands as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands and shall not permit the use of such lands for the fulfillment of the park and recreation requirement. The procedures set forth in Article XI, of Chapter 240, Subdivision of Land, shall govern except as modified herein. To the extent that this provision may be construed to be in conflict with Town Law § 278 regarding clustered development, Town Law § 274-a regarding site plan review, or Town Law § 267, 267-a, 267-b or 267-c regarding the authority of the Zoning Board of Appeals, this provision supersedes and amends such sections insofar as they place any limitation on the Planning Board's application of such clustered development to residential site plans or the requirement of the fulfillment of the park and recreation requirement. (a) Design requirements where cluster development is required: 1. Open space i. Where required, cluster development design shall set aside a percentage of buildable land as open space in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Attachment 6 Plans at the end of this chapter, in . ii. Open space shall be vegetated, with no more than 15% of the land area to be irrigated. iii. Open space shall remain open and free of any buildings or structures, except those structures related to the use of the open space, including but not limited to split rail fences, signs and boundary markers. iv. The location, use and design of the open space areas will be determined by the Planning Board using the ERSAP, as set forth above, and as set forth and regulated in §240-10C and §240-44. (7) (reserved) (8) Minimum setback December 16, 2008 Page 40 Minutes Southold Town Board Meeting 1. The setback from the property line to all structures shall be in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of this chapter. (9) Minimum buffer 1. The buffer area shall be in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of this chapter (10) (7) Design considerations: (a) The location, arrangement, setbacks, size, design, and general site compatibility of buildings, structures, landscaping, lighting, and signs, in keeping with the character of the community; (b) The adequacy, safety and convenience of vehicular traffic access and circulation, including driveways, rights-of-way, curb cuts, intersections, pavement surfaces, traffic controls, and designated areas for access to public transportation; (c) The adequacy, safety and convenience of pedestrian and bicycle traffic and circulation, including sidewalks, walkways, and pedestrian/vehicle conflict points; (d) The sufficiency, convenience and appearance of off-street parking and loading areas, including visitor, employee and overflow parking, parking and storage for trailers, boats, and recreational vehicles, and the provision of alleyways; (e) The provision of and adequacy of emergency lanes, exits, tap streets, other safety zones, and the provision of fire hydrants to promote the public safety; and (f) The proximity of recreational facilities and open space. (g) Garages preferred to be set back from the front façade of the building. Two-car garages should either have a separate door for each bay, or have the appearance of an individual door for each bay. B. SEQRA review. The Planning Board shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617. [Added 8-2-2005 by L.L. No. 12-2005] December 16, 2008 Page 41 Minutes Southold Town Board Meeting C. Within 10 days after completion of the SEQRA review accepting the application, the Planning Board shall forward the application to the Architectural Review Committee for review. The Architectural Review Committee shall review the application at their next regularly scheduled meeting, and make a written recommendation to the Planning Board on the site plan within 10 business days of that meeting receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. [Added 8-2-2005 by L.L. No. 12-2005] D. Preliminary hearing requirement. Prior to and in addition to the public hearing required by § 280-131H, the Planning Board shall hold a separate preliminary hearing on the application with notice provided pursuant to Chapter 55, Notice of Public Hearings. [Amended 8-2-2005 by L.L. No. 12-2005] E. Affordable housing requirement. Every new residential site plan involving the creation of five or more dwelling units shall comply with the requirements of § 240- 10B(2)(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to the provision of affordable housing, except in the Hamlet Density zoning district the number of units to be set aside as moderate-income family dwelling units (MIFDU) is reduced from twenty percent to ten percent. The requirements applicable to lots within a subdivision in that subsection shall apply equally to dwelling units in affected residential site plans. F. Park and recreation requirement. The provisions of § 240-53 of the Code of the Town of Southold, Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall apply equally to residential site plans approved under this chapter, except the fee per lot therein shall herein be applicable to each dwelling unit. [Amended 8-2-2005 by L.L. No. 12-2005] G. Performance bond requirement. The provisions of Article IX, Bonds and Other Security, and Article X, Required Public Improvements; Inspections; Fees, of Chapter 240, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to residential site plans approved under this chapter. Pursuant to Municipal Home Rule Law § 10, § 280-137B, C and D herein supersedes and amends New York State Town Law § 274-a regarding site plan review to the extent that the Planning Board is empowered to impose affordable housing, park and recreation and performance bond requirements in the residential site plan review process. [Amended 8-2-2005 by L.L. No. 12-2005] H. Phased development. The Planning Board shall permit the phased development of residential properties that meet all other applicable standards, but shall condition the December 16, 2008 Page 42 Minutes Southold Town Board Meeting approval of the development of any permitted phase upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped phases until such time as development is permitted. [Amended 8-2-2005 by L.L. No. 12-2005] I. Planning Board authority to vary requirements for setbacks, building length, separation and courts, and open space. [Amended 8-2-2005 by L.L. No. 12-2005] (1) The Planning Board shall have the authority to reduce or amend yard setback requirements for individual buildings in favor of a perimeter setback for entire groups of buildings, to require that setbacks from interior streets be varied, and to reduce or amend the requirements of §§ 280-107 and 280-108, and to reduce or amend requirements for open space. In making these decisions, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (a) 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 amendment; (b) Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than the sought variance; (c) Whether the variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. (2) This provision supersedes and amends New York State Town Law §§ 267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Section 3 . Chapter 280 is further amended as follows: December 16, 2008 Page 43 Minutes Southold Town Board Meeting 280-4 Definitions BUFFER-- A natural or landscaped vegetated area along the boundaries of a subdivision, lot or parcel, designed to provide natural visual screening through the growth of dense vegetation, and ideally including evergreens. A new Attachment 6 is added to Chapter 280. 280 Attachment 6 Town of Southold Schedule for Open Space, Buffers and Setbacks for Residential Site Plans Size of Minimum open Minimum Minimum buffer 2 property space set-aside setback (in (in feet) 1 (acres) (as a percent of feet) total land area of project) <15 20 30 20 15-39 30 35 25 = 40 50 75 50 1 Perimeter setback from property line to all structures including driveways, patios & decks (includes the buffer area). Setback must be vegetated. Where open space is between the property line and the buildings, the buildings must be setback from the open space a minimum of 10’ as measured from the edge of structure to the nearest edge of open space. The portion of the setback not encompassing the buffer area is excluded from the open space calculation. 2 The buffer is located within the minimum setback. The buffer begins at the property line and extends in towards the interior of the parcel. The area of the buffer shall be included in open space calculations. At the discretion of the Planning Board, buffers can either be “non-disturbance” meaning the buffer area is left in its natural state and vegetation is not cut or removed, or a buffer can be planted and landscaped according to a plan approved by the Planning Board. Section 4 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 5 . 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 December 16, 2008 Page 44 Minutes Southold Town Board Meeting law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 6. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2008-1100 ? 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 2008-1101 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set 1/6/09 4:45 Limit Size in Residential Site WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk d A Local Law in County, New York, on the 16 day of December, 2008 a Local Law entitled “ Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Density Districts in the Town of Southold” and 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 January 6, 2009 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in Relation to Zoning Amendments to The proposed Local Law entitled, limit the size of dwelling units in Residential Site Plans in the Hamlet Density Districts in the Town of Southold” reads as follows: LOCAL LAW NO. OF 2008 December 16, 2008 Page 45 Minutes Southold Town Board Meeting “A Local Law in relation to Zoning Amendments to limit the size A Local Law entitled, of dwelling units in Residential Site Plans in the Hamlet Density Districts in the Town of Southold” . BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Enactment I. Legislative Intent The Town of Southold’s Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings of Southold’s future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town’s remaining natural environment; to prevent further deterioration of the Town’s natural resources and to restore the Town’s degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold “Hamlet Study”. The Hamlet Study represents a unique exercise in Southold’s long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of December 16, 2008 Page 46 Minutes Southold Town Board Meeting growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee reviewed the high density residential zoning, including Hamlet Density (HD) and Hamlet Business (HB), and proposed amendments. A public hearing was held on the proposed Code amendments on September 23, 2008. Thereafter, the Town Board, Planning staff and Code Committee met on several occasions to review the public comments and further discuss appropriate amendments to the town code. These proposed amendments are designed to assure that residential development in the residential zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote moderate-cost dwellings, meet the needs of the existing population, and protect groundwater, open space and community character. The business zones that allow residential development have been removed from the proposal at this time, as the Planning Board, Town Board, and Code Committee have agreed that it is appropriate to examine the business zones and their uses comprehensively in the near future. This proposed law places restrictions on the size of dwelling units in the HD zoning district. This district is the densest residential zoning district in the Town, and such restriction will serve to achieve the aforementioned goals. December 16, 2008 Page 47 Minutes Southold Town Board Meeting Section 2 . CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold is amended as follows: §280-137 A(7) Maximum amount of building area and size of buildings in the HD (7) Zoning District 1. The maximum amount of total building area on a parcel shall be limited to the yield as determined by a yield plan multiplied by 1,200 s.f. (Yield shall be determined pursuant to §240-10B). The resulting maximum amount of building area may then be divided into structures. 2. At least 50% of the total number of units must not be larger than 1,200 s.f. livable floor area. The remaining building area may be distributed among units of varying sizes, provided the total number of dwelling units built does not exceed the yield as determined by the yield plan. Each unit built may have up to 400 s.f. incidental floor area in addition to the livable floor area. 3. Total building area for the purpose of this section is the cumulative amount of livable floor area, as defined below, of all dwellings. Total building area does not include clubhouse or similar amenities structures. 4. Livable floor area per unit for the purpose of this section is the total area of all floors, including all spaces within the exterior walls of a dwelling unit, with no deduction for hallways, stairs, closets, thickness of interior walls, or other interior features. Livable floor area per unit shall exclude unfinished basement area and unfinished attic area. Incidental floor area shall include, but not be limited to, garages, unenclosed porches and decks. Section 3 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4 . SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by December 16, 2008 Page 48 Minutes Southold Town Board Meeting any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2008-1101 ? 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 Closing Statements Supervisor Russell SUPERVISOR RUSSELL: I would ask anybody that would like to come up and address the Town Board with any item of mutual interest? Lillian? Lillian Ball, Southold LILLIAN BALL: Lillian Ball, Southold and I am sorry I missed the work session. I wasn’t able to get there this morning but I am glad to hear that the natural resources department was discussed and I prepared a little something about it. I am here to commend the excellent report on the dock situation that Mark Terry has delivered to the Town Board. While much of it is not new information, it has been presented in an extremely conscientious and well-informed way. If it is biased, it is biased in the direction of science which is a focus we need more of. This high caliber report, requested by the Town Board proves how dedicated and hard-working Mark Terry really is. Our Peconic estuary and underlying watershed is definitely under stress. The signs are everywhere. The world is changing fast, climate changes and sea level rise will make all our decisions in the next few years crucial. We need as much help as we can get, showing us how to protect the natural resources that make our Town both a unique place to live and an increasingly in demand vacation destination. Figuring out how to manage our shoreline may not be brain surgery as Al Krupski is fond of saying, but it is complex and getting more so. I taught myself what I know about wetland science, learning from the internet as well as the accomplished scientists here at Cornell and elsewhere. If I have learned anything, it is how much info there is out there and how complicated it is to make the right, informed decisions. There are many of us who want those decisions in Southold to be made by qualified pros as there are in many other towns. Establishing a natural resources department will not have to cost anything additional. The office that Mark Terry and Scott Hilary already inhabit is functioning well and only requires the affirmation of Southold Town, that theirs is a job well done and well worth doing and of great value. That office is capable of doing even more for a wide variety of town agencies, not only the Trustees, on things as diverse as white tailed deer control, invasive species and storm December 16, 2008 Page 49 Minutes Southold Town Board Meeting water management. It is a short sighted world view to think our god given natural attractions will go on as usual if we go about things as we always have in the past. Our natural resources are threatened and those natural resources cannot be replaced. Thank you, Town Board, for taking the initiative to get this report done and I hope you will have the wherewithal to support it fully. Thank you, Mark Terry and everyone who worked so hard on it, for all the important work you do. SUPERVISOR RUSSELL: Thank you very much. COUNCILMAN WICKHAM: I think we should outline what we discussed this morning. SUPERVISOR RUSSELL: Sure. The discussion today at work session, there is a, when I had set about with Mark about two years ago putting a work document together on what the department of natural resources would be, he has a very, very long list of things that we really do, well, he does every day and try to consolidate that so that everybody would understand what he did. What basically the discussion was today was, I think everybody at the Town Board level supported his work product and Scott’s effort, the issue was whether it would be a division of the Planning Board or its own free-standing department. There wasn’t enough Town Board support to create it as a separate free-standing department there was support to leave it as a division of the Planning staff, the Planning Board, with a more succinct understanding at every level of town government exactly what they are there for. Again, they are there to help every department of town government; what they are going to do is craft a work product, the document that is going to outline what their responsibilities are. The Town Board is going to pass that resolution and then we are going to distribute that to each of the department heads, so everybody understands what their job is, what their responsibilities are, what falls within their bailiwick and most importantly, that it is a department that we support 100% and that we want everybody to utilize what they have to offer: the expertise, the knowledge and certainly the work ethic. So that is pretty much in a nutshell what we talked about today. MS. BALL: Even though you won’t call it the natural resource department? SUPERVISOR RUSSELL: It is the department of natural resources only I think you would want to call it the division of natural resources. It is a management structure. It is going to all fall within the department with Heather still serving as department head. COUNCILMAN KRUPSKI: In this economic climate, some of us were reluctant to create a new town department. MS. BALL: Even though it won’t cost anymore? COUNCILMAN KRUPSKI: It wouldn’t cost anymore today but tomorrow is another day. MS. BALL: Yeah, no, I understand for future reference. But I am glad…. SUPERVISOR RUSSELL: What I would view that, is, while Heather still continues to serve as December 16, 2008 Page 50 Minutes Southold Town Board Meeting department head, Mark would probably serve as, it is not a formal title because they would have to pay him more money but as a deputy in charge of natural resources. Something along those lines. It is just a management structure. MS. BALL: Well, I think it really is, for them, a real pat on the back. It is what they see their function as, it is their passion in life and I think they do a really good job at it. Actually, Mark Terry told me a story once, when he first came to work here, he put a little sign on the door, a little paper sign that said natural resources department and I think it would be a real affirmation of what he is about, to give him that. SUPERVISOR RUSSELL: I agree, 100 percent. MS. BALL: Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board? Micki St.John MICKI ST. JOHN: Good evening, Supervisor Russell and members of the Town Board. My name is Micki St. John, I have been a resident of the Town of Southold since 1967 and prior to that, a visitor since the 1950’s. first of all, I would like to commend all of you for the wonderful work and dedication each of you have given to the Town of Southold. I have heard you listen to many concerns, needs and complaints with great understanding and compassion and I have also watched Mrs. Egan and how many times you gentlemen and ladies have listened to her concern. And I am here to read a short letter about my concerns about the Heritage. I was a real estate examiner in Suffolk County for almost 40 years, researching thousands of properties in all 10 towns. God knows I have seen many changes but surely not as many changes of those of you lucky enough to be born and raised here. In trying to look at both the pros and cons of any discussion it is good to be objective. When real property is purchased, the buyer has certain hopes, plans and even dreams for the land but they also must comply with restrictions and zoning regulations. Anyone who is fortunate enough to own property in this town understands that. Back in the day when the quarter acre zoning was approved for this parcel known as the Heritage property, I don’t believe the needs and the future of this small town were seriously considered. After all, it was the 1980’s and life was very different from today. Somehow the quarter acre zoning then is not good for this very quaint, very country Cutchogue. In looking at this overall map, which I think you have all seen of the area, putting in over 100 homesites in this block of property is so disproportionate to the adjoining properties and the impact it would have on all of them. You know, those developments that are bordering that, with small children and the families and also that access, I know you would probably come through some of those developments but even coming down on the side of the church there, I don’t know what road that is called but the traffic, and we are so fortunate to have the wineries and the farmstands and you know, everything we have to offer here in this town and I just think that traffic would be, you know, unbearable. So I just really have two questions and then I will close. Is there any hope for something else for something else for this Heritage property number one and number two, are the owners of this parcel sympathetic to the concerns of the local residents and the consequences of overburdening this area? And can we come to some terms where both sides can be resolved December 16, 2008 Page 51 Minutes Southold Town Board Meeting so that we can prevent overdevelopment to preserve our town. And I would like to say in closing, I would like to thank everyone for listening to me. I can only pray that there will be a resolution not only for the people but for the preservation of the oldest town and settlement in the USA but also the most historic and the most beautiful. Our town, the Town of Southold. Thank you and may god bless you and give you wisdom in this matter. SUPERVISOR RUSSELL: Thank you very much. MS. ST. JOHN: I am sure you have seen this map but sometimes a picture is worth a thousand words, if you picture 130 units, I mean, I think of Mr. Wickham here and his wonderful you know, farm and Krupski and you know, I just think this town is the most beautiful. I mean, I am not fortunate enough to travel a lot but the fact that we are the oldest town. You know, doesn’t that carry anything? I mean, I came from the Bronx and sure, I am happy to have a place out here, you know and I want that for everybody else you know, but is there a way or another parcel. You know, I think there is probably a need for an over 55 community or more of it but where? It is just not that place and I don’t know if the owners of this property are local people or who they are, you know, I looked up the deed because that is what I used to do, I don’t even know who this is. But you know, maybe they would be sympathetic. If you lived here, I wasn’t fortunate enough to be born here but if I were I wouldn’t put that in. It is not about the money, you know? It really, it shouldn’t be. Or maybe for them it is. You know? Sometimes, you know, it should be just about keeping something sacred, keeping something beautiful. And sometimes the cost of that is expensive. I mean, if I were Donald Trump, trust me, I would buy the parcel and offer them double. You know, maybe somebody would come forth and do that, I don’t know. COUNCILMAN KRUPSKI: We have been fortunate in this town to have a lot of people like you speak of who have had the wherewithal and who have done an awful lot of preservation in this town for free because they love this town. MS. ST. JOHN: Right. And I know that. COUNCILMAN KRUPSKI: We have been very fortunate. This is one of those cases where that is not the case. MS. ST. JOHN: I know. I just wish I were one of them that could do it. SUPERVISOR RUSSELL: We actually made overtures with regard to the acquisition of part or all of that parcel in the past. Now you have to remember when you talk about owners, there is actually two sets of people here. There is owners and then there is an applicant who is a contract vendee. MS. ST. JOHN: Right. SUPERVISOR RUSSELL: Who gets to have a certain amount of say with regard to what happens to the title of that property. We have reached out to both sides in terms of acquisition, December 16, 2008 Page 52 Minutes Southold Town Board Meeting either all, whole or partial. It hasn’t gone well. But I have to tell you, we actually have items that we acted on tonight that are trying to address that and I have to say, I grew up in Cutchogue, I have been supervisor, now my third year, the issues that face the different hamlets are all virtually the same. Whether it is Oki-do or the Heritage or the affordable houses in Mattituck a few years ago, the ferry, it is all about scale. Certainly I think this Town Board is very understanding of the measure of scale or out of scale the proposal was with the community and we are certainly trying to address that in every way that we can and I think we are doing it rather, pretty successfully. We actually have a very gifted planner now who is helping us every step of the way; to be fair with the process and at the same time address those larger issues of scale and appropriateness. MS. ST. JOHN: Right. And I think you are doing an extraordinary job, all of you. Because I have heard you listening and people are very passionate about things and you know, it is a hard, well, King Solomon? How do you do that? SUPERVISOR RUSSELL: I don’t think , the challenge from day one with that was never really the zoning, which was the quarter acre, it was the amount of the zoning, 50 acres. I have quarter acre zoning in a hamlet center is probably appropriate. Fifty vacant acres of it provides a huge challenge. It would be very difficult to not act on that without, you know, 50 acres of quarter acre zoning would fundamentally change the character of that community if we didn’t, you know, guide the process as best we can. And I think we are doing that through the Planning Board. MS. ST. JOHN: Absolutely. You all are doing a wonderful job. Have a great holiday. Thank you. Howard Meineke, NEC HOWARD MEINKE: My name is Howard Meinke and I am from Laurel and I speak for me and I believe for my compatriots at North Fork Environmental Council. We are very happy to see the Board paying so much attention to this natural resources department. I think that is very, very important and it is more and more important as time passes. It is an axiom in the real estate business that the best land sold for the cheapest amount of money because it went first and the lousiest land sells for the most money because it sells last. And we are at the point now, we are at the bottom scale of land that is selling, it is all very, very expensive and it all has problems, environmental problems, elevation problems, size, setback problems. There is just a lot of problem with all the land that is going to go across your desks now and that means that the natural resources department is ever more and more…. COUNCILMAN ORLANDO: Natural resource division. MR. MEINKE: Division. It is ever so more important and it is a challenge. Now, you are working on it and I think it just couldn’t be a better thing to do. And I have a separate question, th Bombara, that is coming up January 20 at 10:00 in the morning? SUPERVISOR RUSSELL: That is right. December 16, 2008 Page 53 Minutes Southold Town Board Meeting TOWN CLERK NEVILLE: 9:00 in the morning. MR. MEINKE: Oh, 9:00 in the morning. And that is a typical work session. That is at a work session? SUPERVISOR RUSSELL: What happens is, we generally adjourn the work session to have a hearing for that. That is actually an appeal under the coastal erosion act. It is actually, I think, a revisit of a decision that was already rendered. MR. MEINKE: Oh, yes, it is a very hot decision, I understand that. Is public input allowed here? SUPERVISOR RUSSELL: Yes, we will adjourn, we will come up to the dais and we will take public input. COUNCILMAN WICKHAM: It is a public hearing. SUPERVISOR RUSSELL: A public hearing. When we adjourn the work session, we will come up here and have a regular public hearing. And we will take all the public input that wants to be made. MR. MEINKE: Because it is hard to get much public at a 9:00 work session. 9:00 time. That doesn’t seem like it works to our advantage. Thank you. SUPERVISOR RUSSELL: Benja, do you want to go or Mr. Wills? Benja? Benja Schwartz BENJA SCHWARTZ: Good evening, Benja Schwartz, I come from Cutchogue. I was here this morning and the discussion regarding the proposed department of natural resources was fascinating. I agree with the conclusion of the Board which was not to form a separate department but to form a division of natural resources, which I think can have all the advantages without the potential disadvantages. One of the main reasons that this department or division was proposed was for clarity and I would just like to be clear and correct. One thing, that this would not be a division of the Southold Planning Board, it would be a division of the Southold Planning Department. And there is a big difference in that. Another thing that was mentioned this evening was about the zoning at the Heritage being quarter acre zoning in the hamlet center. Being outside not just of the hamlet center but also outside of the halo zone, although it is on the border of the halo zone, and being on property which was farmed and has never been anything but farmed or abandoned farmland, vacant farmland, I don’t think we can call that property in the hamlet center. But these issues of where the hamlet centers are and what’s the difference between the Planning Department and the Planning Board, which I have been asked many times and tried to explain it and people get frustrated when I tell them I can’t explain it but I really can’t because it is not up to me, it is up to the Town Board and the Planning Board and the public to try to understand all of these things. We are going to have that opportunity next year with the comprehensive plan. I would like to take a little detour, just a little detour, I was crying last night in front of the TV, the Christmas Carol was on and it is such a great story. It did a lot to December 16, 2008 Page 54 Minutes Southold Town Board Meeting rehabilitate the image of Christmas but more than that, I did a little research and that story Dickens’ was famous for his work on social injustice and poverty, themes which are still relevant today, especially with our current economic situation. The original working title for the Christmas Carol was the Sledgehammer. So anyway, I just, another interesting note on that is that the Christmas Carol was the first thing that Dickens’ ever read in public and I would like to thank the Town Board for their putting up with me over the past year, I promise I will be back… COUNCILMAN WICKHAM: With a sledgehammer. MR. SCHWARTZ: Right. Well, and I just, also I appreciate other people who make the effort to come here and speak, I will try to keep this short but I do want to just touch on, probably shouldn’t but, yeah, you know this recent election was very, received a lot of attention on a national level. The presidential election. And Obama won, a lot of people have very high expectations from him. I think one of the determining factors will be not what he does and Malcolm Gladwell has a new book out now on that subject, that it is not about just Obama it is about his parents and the people that were around him and now his advisors are getting a lot of attention. That is going to be very important. I will keep this very short, I just want to read two sentences from Obama’s challenge which was actually written before he won the election. But I just love these two, more than anything else, Obama needs to rehabilitate the constructive role of government both in the minds of the people and in what government delivers. For in the current economic crisis, there is no alternative to the redemption of government to serve a broad common good. I just, one other thing. Obama is well known for putting advisors with diverse views in a room and leading a lively discussion of alternatives, which is why we are here. I just feel like all of us are going to have to work, all Americans are going to have get involved to really turn around the problems this country is facing right now. it is not just going to be the federal government. We have to work on the part of the town. The next meeting, for next year, I would like to maybe get into some specifics about that but I think this Town Board needs to look at both sides of the coin, not just the expenses but also the incomes and the revenues and the opportunities we have. Town government, there is a lot that can be done and in the past month or two, I have been very encouraged by the progress that has been shown by the way this Town Board has been working. So I hope that that will keep going in the next year. One thing that hasn’t changed in any significant manner is the town website. And I have said it before but obviously nobody has listened. Obviously the town website has a lot of problems, I just, one problem is that the town website, talk about the town working with business, there was an article in the Suffolk Times I think this week or last week that how the Chamber of Commerce makes the town look good. Well, this Town Board also, part of their job as a town government is to represent the town in a positive light. There is a links page on the town website, one of the links is to a Chamber of Commerce that went out of business two and a half years ago. The link is still here. Another link goes to the North Fork Chamber of Commerce. They talk about local government, they talk about boroughs, parishes, shires, prefectures; obviously this is all boilerplate. I am not sure their website is worth linking to at this point. But they do not link back to the town website. I think that the town website is worth linking to at this point but it really needs an overhaul, as with many other things in town government. The difference is that the website offers the most bang for the least buck. Anybody who has ever been involved or who is involved now who is cognizant of where we are as a culture with, you know, technology December 16, 2008 Page 55 Minutes Southold Town Board Meeting recognizes the power of the website to involve the community and to communicate and the cost of that is very small, compared to the power. So I hope that will be maybe a direction that we can go in next year. Thank you. COUNCILMAN KRUPSKI: Thank you for your…. SUPERVISOR RUSSELL: I was going to make sure that brother Albert and brother Vinnie th would discuss that at the next shire meeting, which I think is the 6 of January. COUNCILMAN KRUPSKI: I just wanted to say thank you for your comments and you are absolutely right about when you get up or when anyone else gets up to address the Board, you know, and when the Board members speak, we don’t always agree and we don’t always agree with what people say but it makes for a strong democracy when you have differences of opinion and more information being put out there, so we do appreciate it. SUPERVISOR RUSSELL: Thank you. Mr. Wills. I thanked Mr. Wills because it is my third year as Supervisor and he has yet to throw his shoe at me. Frank Wills, Mattituck FRANK WILLS: I have been practicing. SUPERVISOR RUSSELL: But now he is wearing the slip-ons, so I am starting to get nervous. MR. WILLS: Frank Wills, Mattituck. I promise to make this short. Short. On the department or division of natural resources and let me also preface it by giving you why I am prejudiced in favor of certain actions, my training is as an engineer so facts, scientific facts over emotions or we have always done it this way and this is how it should be done; I don’t go for it. So the question I have is, whether it is going to be called division or department, will there be a rule or edict saying that all the other departments must get the approval of what they are planning to do from this division or department? SUPERVISOR RUSSELL: I don’t think that is part of the scope currently for that department. We talked today about its authority. It already has that authority to some extent, as a matter of fact, most of the applications would require some kind of LWRP review. That’s is where they will exercise their particular position on applications. It would be then for a Board that is going to take that application back, if it is, say, an inconsistent determination, that Board whether it is the ZBA or Board of Trustees or the Planning Board, and they are going to rule against them, they have to show and explain why or make try to make them comply. MR. WILLS: Alright. Good. Thank you. SUPERVISOR RUSSELL: Thank you. It doesn’t give them the ultimate authority but it does put them in the position of making Boards, it is called accountability and decision making and that is the one aspect of the LWRP that I like very much. If you are going to make a decision contrary to what the LWRP might recommend, they at least have to explain why and everybody should expect to do that in town government. December 16, 2008 Page 56 Minutes Southold Town Board Meeting COUNCILMAN WICKHAM: I would like to just add… MR. WILLS: Inaudible. SUPERVISOR RUSSELL: Well, you know, at least the public has an understanding of why you couldn’t make this consistent with the LWRP. It is accountability and decision making and transparency. COUNCILMAN WICKHAM: I would like to just add that the Town Board will be preparing a draft to send out to the different departments to try to establish what the relationships are. I do think it is clear that the nomenclature of a division within the Planning Board will probably carry less clout with the other departments in town government than if it would be called a department. SUPERVISOR RUSSELL: I will agree with Tom on that. UNIDENTIFIED: Next year. COUNCILMAN WICKHAM: Next year is just three weeks away. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on any issue? (No response) COUNCILMAN WICKHAM: Merry Christmas to everybody. 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 5:38 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell