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Home My WebLink AboutTB-01/06/2009 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 January 6, 2009 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, January 6, 2009 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 January 6, 2009 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 Att Present I. Reports 1. DPW Monthly Report December 2008 II. Public Notices 1. Town of Riverhead Code Amendment Handicapped Access Ramps Uses January 6, 2009 Page 2 Minutes Southold Town Board Meeting III. Communications IV. Discussion 1. Request for Use of Strawberry Fields 2. 9:30 A.M. - Heather Lanza, Pat Finnegan Wireless Facilities Code - Set public Hearing 3. 10:00 A.M. - Chief Cochran - High Band Conversion for Police Department - Hire PSD to fill vacant position 4. Employees - Policy on Comp Time/Overtime - Town Employees on Committees 5. Town Employees/Cell Phones per Councilman Orlando 6. Draft Schedule: Department by Department Budget Review Tuesday, January 20th @ 2:30 p.m. - Chief Cochran Wednesday, February 4th @ 2:30 p.m. - Jim Bunchuck Tuesday, February 3rd @ 2:30 p.m. - Peter Harris 7. Resurrection of LWRP Committee - Don Wilder Chair (?) 8. 12:30 P.M. Joan Gilroy Cablevision 9. Executive Session Discussions regarding proposed litigation 10. 1:00 P.M. - John Cushman Medical/Employment History of a Particular Person 11. Executive Session Matters concerning the employment/discipline of particular person(s) per Councilman Krupski 12. Executive Session Litigation January 6, 2009 Page 3 Minutes Southold Town Board Meeting 13. Division of Natural Resources Opening Statements SUPERVISOR RUSSELL: Please rise and join me in the Pledge of Allegiance to the Flag. Thank you. Would anybody like to come up and address the Town Board on any item as it appears on the agenda? Mrs. Egan? JOAN EGAN: Good evening, Joan Egan, East Marion. Very happy and blessed new year to everyone here and everyone up there. Before I start, I am going to make a comment which I have already made but I want to make it public. I think this is ridiculous that you don’t spell out what each one of the resolutions are. I was informed that this is to save paper. That is ridiculous. There is so many was up here that you can save paper other than this way. This is absolutely wrong. I guess if you get here early or if you have a computer, you can pick up what all of these resolutions mean. So this, in my opinion, is very wrong. So it is just going to take you longer to answer my questions, so let’s start. Now, resolution 4, come on. JUSTICE EVANS: What number? MS. EGAN: What is it all about? SUPERVISOR RUSSELL: What are you looking at? The organizational meeting? COUNCILMAN WICKHAM: She is. MS. EGAN: This says the final agenda. SUPERVISOR RUSSELL: That is from the organizational meeting we had today. We had an organizational meeting today, we had broken from the regular work session to have the organizational meeting today, I am going to wing it from memory but I will be happy to answer any questions you want to ask. MS. EGAN: This isn’t the resolution for tonight? SUPERVISOR RUSSELL: No. MS. EGAN: Well, I asked the girls in Mrs. Neville’s department if they had one and she said it is on the table and this is the only one I saw on the table. SUPERVISOR RUSSELL: Mrs. Egan, you can take mine. TOWN CLERK NEVILLE: Mrs. Egan, at what time? MS. EGAN: About five after four. COUNCILMAN KRUPSKI: That is a collectors item. January 6, 2009 Page 4 Minutes Southold Town Board Meeting MS. EGAN: This is what, now, why in god’s name did you tell me it was to save paper? You didn’t know the correct answer. The correct answer was that I didn’t have the right thing. SUPERVISOR RUSSELL: Just for clarification while Mrs. Egan is…. MS. EGAN: Well, okay, let’s go with resolution 4 with FIFD fuel oil bid 2009. TOWN CLERK NEVILLE: What is the number of the resolution, Mrs. Egan? JUSTICE EVANS: It refers to the Fishers Island Ferry District… MS. EGAN: Okay, that is the Fishers Island thing. You take care of that. Now, the next one is Fishers Island also. This one on the resolutions number 64, number 6, CDBG program. JUSTICE EVANS: 66? MS. EGAN: CDBG program. SUPERVISOR RUSSELL: That is Community Development Block program. Each year we receive money from the federal government. It is a lump sum and it is earmarked to local organizations that provide the type of service we would like to provide but we are not good at. That would be Early Learning Center, CAST, groups like that. This would be an allocation of money to these various groups. Robert Perry daycare. MS. EGAN: And we are getting money on that? SUPERVISOR RUSSELL: We get the money from the federal government. We are a conduit for the money from the federal government and then distribute it to the local need organizations. MS. EGAN: Okay. Well, resolution 10 here was the Planning Department, now part of this says although the Planning Board has exceeded the $47,000, there is just too much money being spent over there, salaries and everything. That is exceeded, it has received from applicants or applied from TDR grants reimbursement for approximately 90 % of the budgeted amount and overage. Now what does that all mean? SUPERVISOR RUSSELL: Can I give a resolution number from you? MS. EGAN: Number 10. The Planning Department, budget modification. SUPERVISOR RUSSELL: That is a…. COUNCILMAN WICKHAM: Discussion area? SUPERVISOR RUSSELL: That would be a, that would be a budget modification cleaning up January 6, 2009 Page 5 Minutes Southold Town Board Meeting 2008 books. That would be to transfer $10,000 that we had earmarked to planning consultant to a specific environmental consultant. Environmental consultant would generally be SEQRA or review of a SEQRA submission, that sort of thing. And it is balancing the books out for 2008. MS. EGAN: So they got money back? SUPERVISOR RUSSELL: We generally get approximately 98 % of the budgeted amounts, TDR grant, or apply for a TDR grant reimbursement but we anticipated getting money back for the TDR program. There is still some outstanding bills that had to be paid however. MS. EGAN: Yeah. You are losing somebody there, aren’t you? SUPERVISOR RUSSELL: In the Planning Board? MS. EGAN: Yeah. SUPERVISOR RUSSELL: No. We actually had a gentleman resign a couple of months ago. We opted to not fill the position. MS. EGAN: I heard something about Jeri Woodhouse, no change there? SUPERVISOR RUSSELL: We actually passed a resolution today keeping Jeri Woodhouse and keeping Jim Dinizio in the Zoning Board of Appeals in their respective roles until we can decide when to appoint a new person or if we are going to appoint a new person. We are receiving thth resumes until January 16 to see what interest is out there. So we have until the 16. We can’t do anything until we get the responses back. And then they will be screened like everybody else. MS. EGAN: Well, it is a shame you can’t get rid of a lot of them there because there is a lot of them there because there is just too much money being spent there. SUPERVISOR RUSSELL: You are really starting to sound like Joe Lizewski these days, I have to tell you. MS. EGAN: Huh? SUPERVISOR RUSSELL: You are starting to sound a lot like Joe Lizewski these days. MS. EGAN: Okay. Now, the resolution pertaining to the Tree Committee. Who is in charge of the Tree Committee now? SUPERVISOR RUSSELL: The liaison is Vincent Orlando. COUNCILMAN WICKHAM: Cichanowicz. SUPERVISOR RUSSELL: Dave Cichanowicz is the chair. January 6, 2009 Page 6 Minutes Southold Town Board Meeting MS. EGAN: Oh, good. Well, more power to the Tree Committee. They are taking trees down all over, with any excuse they can. SUPERVISOR RUSSELL: That wouldn’t be the Tree Committee, that would be Asplundh or any one of the contract organizations that works for LIPA or the State of New York. MS. EGAN: Oh, no, I am talking about homeowners. SUPERVISOR RUSSELL: Oh, homeowners. Okay. Fair point. MS. EGAN: They say they have a problem with spiders, they have this, they have that. Oh, incidentally, your new code enforcer in the building, you know, who had been, is in my opinion, doing an excellent job. He’s applying himself in a different manner, I am not criticizing Eddie Forrester but you know, new blood, new broom sweeps clean. And, so that is good. So now the next one here was number 14 which was a budget modification for the highway. Now I have a letter into the Suffolk Times, I will not mention the contents of it now but it does pertain to, well, in a sense I am letting you know, to the Highway Department and the absolute terrible job Southold did cleaning up the last snowfall. Horrible. And we give them a lot of money and a lot of good equipment. I don’t know why it didn’t work this time, we are supposed to get a storm tonight. let’s all hope and pray it works better. The next thing here is the Assessors, who work extremely hard, who take a lot of lot of backlash from homeowners out here and I think they do an excellent job. Okay, the next one was the budget modification for the recreation center. How is our recreation center, the roof working and the floors aren’t falling apart? SUPERVISOR RUSSELL: Everything is coming along quite nicely, actually. MS. EGAN: Good. Good. And the historic preservation, #17, I think that is good money and let’s hope you take care of what we have historically here. That didn’t happen when you let it mildew down in the basement. Okay, the next one was #18, full time employees and court reporter underfunding. Now, you know when we had a turnover from the court, I believed that, I don’t know whether you really used the civil service list, did you? To replace Theresa and Alice? SUPERVISOR RUSSELL: We actually couldn’t, we exhausted the list. There was not workable list… MS. EGAN: Oh, I think you told me that. SUPERVISOR RUSSELL: Yeah. We could advertise at large. Because the unique feature in that position was we needed Spanish language specialty. MS. EGAN: Yeah, yeah. Right. Now, so, okay, item 20, data processing, fiscal impact reason underfunded salary increase. What does that mean? January 6, 2009 Page 7 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Let me find it. That is overtime earnings. That is actually, unfunded salary increase, that must have been a salary increase that was received by one or both of the employees that weren’t appropriated for in the 2008 budget. This would be an end of year housecleaning measure, to transfer money that wasn’t used in overtime to cover that underfunded line. MS. EGAN: Okay. Item number 23 was leave time donations for non-union employees. What was that all about? SUPERVISOR RUSSELL: That is an employee who is very ill, the town has, in passing that resolution would support that plan that would allow other employees to donate unused time to that employee should they need an extended medical leave. MS. EGAN: Yeah. Have you changed, you know, one of the problems with your original budget and what have you, you know last fall, was the problem that you were funding your own insurance. Have you been able to adjust that so that type of thing doesn’t happen again or you are locked into it? SUPERVISOR RUSSELL: No, we are still self funded. It is still a better deal, I mean, you have to look at the broad scope over the years. We have done far better with the self-insured plan than had we stayed with Blue Cross. But the reality is, is that it is a budget that over the last couple of years that has run very short. About a million dollars short. And we financed most of that in the current budget. This year, what we did was to limit our liability, we raised the amount of money that would be covered by insurance before we are liable. We are on the hook … MS. EGAN: Okay. SUPERVISOR RUSSELL: …(inaudible) and of course you pay more in premiums but again, the stopgap measure was worth it, so you do the best you can when you manage it. MS. EGAN: Okay. The next one is Fishers Island. Number 25, your good looking assistant DA here or lawyer, got married. I congratulated him. I wasn’t invited to the wedding but I will say a prayer for both of you. Now I think this is maybe a sector of the public hearing, CW Francis SEQRA. Is that going to be, can we discuss it now or is that going to be at the public hearing. COUNCILMAN ORLANDO: Public hearing. SUPERVISOR RUSSELL: Public hearing. MS. EGAN: Okay. And number 29, I think that is a public hearing, too. And I think number 31 is also a public hearing. Well, if I think of more, you know I will tell you. SUPERVISOR RUSSELL: Of course. COUNCILMAN WICKHAM: Mrs. Egan, if I can just comment, we did ask the Town Clerk to January 6, 2009 Page 8 Minutes Southold Town Board Meeting economize this year on paper and as a result, she is issuing just the abbreviated agendas that you saw before. But if you or anybody else in the audience wants the full agenda, just ask for it at the Town Clerk’s office and I am sure they will give it to you. Before the meeting. MS. EGAN: Yeah, well, if they are there. You know, if I get here early. COUNCILMAN WICKHAM: Will they be there? MS. EGAN: They were there. They did tell me that, I said the agenda and they told me it was on the table and that was all that was there. SUPERVISOR RUSSELL: Before I get on, I am sorry, would anybody else like to address the Town Board on any agenda item? (No response) Okay. I will tell you, I know some people are here for a couple of public hearings we have tonight. There is a reference to hamlet business and hamlet density zones in that, the hamlet business reference is a misprint. Tonight’s public hearings are about changes to the hamlet density zones not the hamlet business zones and we will qualify that when we get to the public hearing tonight. Nobody else wants to address the Board on the agenda? (No response) V. Resolutions 2009-66 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 1/6/09 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby January 6, 2009. ? Vote Record - Resolution RES-2009-66 ? 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 2009-65 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Town Board Meeting January 6, 2009 Page 9 Minutes Southold Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, January 20, 2009 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ? Vote Record - Resolution RES-2009-65 ? 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 2009-59 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Fishers Island Longevity Easter,Burke and Hoch WHEREAS, a the Board of Commissioners of theFishers Island Ferry District adopted resolution at their December 17, 2008 meetingincreasingthe following full-time personnel wages by 7% due to 25 years longevity effective January 22, 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 Fishers’ Island employees’ salaries by 7% due to longevity, effective January 22, 2009: Marine Operation Supervisor - Stephen Burke Freight Agent – Richard Hoch Assistant Manager – Mark Easter January 6, 2009 Page 10 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-59 ? 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 2009-60 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Peconic Land Trust, Inc. 2009 Contract RESOLVED engages the professional that the Town Board of the Town of Southold hereby services of the Peconic Land Trust, Incorporated to perform Conservation Planning, Acquisition, and Professional Services related to the Town’s land preservation efforts, and authorizes and directs Supervisor Russell to sign the agreement between the Peconic Land Trust, Incorporated and the Town of Southold , subject to review of the contract language by the Town Attorney. Compensation shall not exceed sixty thousand ($60,000.00) dollars. The contract term shall be from January 1, 2009 to December 31, 2009. Invoices submitted under this contract shall be a legal charge to the 2009 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). ? Vote Record - Resolution RES-2009-60 ? 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 2009-61 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation The Nature Conservancy 2009 Contract RESOLVED engages the professional that the Town Board of the Town of Southold hereby January 6, 2009 Page 11 Minutes Southold Town Board Meeting services of The Nature Conservancy to perform Conservation Planning, Acquisition, and Professional Services related to the Town’s land preservation efforts, and authorizes and directs Supervisor Russell to sign the agreement between The Nature Conservancy and the Town of Southold, subject to review of the contract language by the Town Attorney . Compensation shall not exceed twenty thousand ($20,000.00) dollars. The contract term shall be from January 1, 2009 to December 31, 2009. Invoices submitted under the terms of this contract shall be a legal charge to the 2009 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). ? Vote Record - Resolution RES-2009-61 ? 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 2009-62 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk FIFD Fuel Oil Bid 2009 RESOLVEDaccepts the fuel bid of that the Town Board of the Town of Southold hereby Drew Oil, Cranston, RI upon the recommendation of the Fishers Island Ferry District for the calendar year of 2009, all in accordance with the Town Attorney. Price of Fuel Oil $1.56925 per gallon Price of Delivery $0.00550 per gallon Total Price $1.57475 per gallon ? Vote Record - Resolution RES-2009-62 ? 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 January 6, 2009 Page 12 Minutes Southold Town Board Meeting 2009-63 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Second Supplemental Agreement to the Original Agreement Dated August 19, 2003, Between the State of Connecticut, Town of Southold, and the Fishers Island Ferry District RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Second Supplemental Agreement to the original Agreement dated August 19, 2003, between the State of Connecticut, Town of Southold, and the Fishers Island Ferry District , for the construction, inspection and maintenance required in conjunction with the New London Ferry Terminal expansion for the Fishers Island Ferry District utilizing Federal funds from the Ferry Boat Discretionary Program, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-63 ? 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 2009-64 CATEGORY: Grants DEPARTMENT: Town Clerk 2009 CDBG Program RESOLVED amends resolution 2008- that the Town Board of the Town of Southold hereby 1096, adopted at the December 16, 2008 regular Town Board meeting, as follows: RESOLVED that the Town Board of the Town of Southold hereby adopts the following 2009 Community Development Block Grant Program Budget and authorizes and directs Supervisor Scott A. Russell to sign the CDBG Program Description Forms in connection with the 2009 CDBG Program in the amount of $130,000. January 6, 2009 Page 13 Minutes Southold Town Board Meeting Project Budget Home Improvement Program $77,500 Peconic Recreation $20,000 19,500 Center – Handicapped Lift 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 $ 7,500 5,000 CAST ? Vote Record - Resolution RES-2009-64 ? 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 2009-67 CATEGORY: Road Dedications DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Drainage Easements Pertaining to the Following Tax Parcels in Connection with the Dedication of the Drainage Area Between Zoumas Contracting Corp. 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 Drainage Easements pertaining to the following tax parcels in connection with the dedication of the drainage area between Zoumas Contracting Corp. and the Town of Southold , subject to the approval of the Town Attorney. Suffolk County Tax Map Nos. 1000-79-4-17.21; and 1000-79-4-17.22 January 6, 2009 Page 14 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-67 ? 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 2009-68 CATEGORY: Budget Modification DEPARTMENT: Planning Board Planning Dept 2008 Budget Mod. Fiscal Impact: Although the Planning Board has exceeded the $47,400 budget amount for 2008, it has either received from applicants, or applied from TDR Grant, reimbursement for approximately 98% of the budgeted amount and overage. RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Part-Town Planning Department budget as follows: From: B.8020.4.500.500 Planning Consultant $10,000 To: B.8020.4.500.300 Environmental Consultants $10,000 ? Vote Record - Resolution RES-2009-68 ? 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 2009-69 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for FI Sewer District RESOLVEDmodifies the 2008 Fishers that the Town Board of the Town of Southold hereby January 6, 2009 Page 15 Minutes Southold Town Board Meeting Island Sewer District budget as follows: From: SS2.8160.4.000.000 Refuse & Garbage, C.E. $2,000 To: SS2.1440.4.000.000 Engineering, C.E. $ 2,000 ? Vote Record - Resolution RES-2009-69 ? 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 2009-70 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Bud. Modification - Human Resource Center / Programs for the Aging Fiscal Impact: Modification of under-expended budget lines to reconcile over-expended budget lines for 2008. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: Appropriations: A.6772.1.200.100 Programs for the Aging, P.S. Part-Time Employees- Regular Earnings $33,411.00 To: Appropriations: A.6772.1.100.100 Programs for the Aging, P.S. Full-Time Employees-Regular Earnings $30,011.00 A.6772.4.100.200 Contractual Expense Gasoline and Oil $ 2,700.00 A.6772.4.200.100 Contractual Expense January 6, 2009 Page 16 Minutes Southold Town Board Meeting Cellular Phone Service $ 300.00 A.6772.4.400.675 Contracted Services Dishwashing $ 300.00 A.6772.4.400.500 Contracted Services Laundry $ 100.00 ? Vote Record - Resolution RES-2009-70 ? 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 2009-71 CATEGORY: Budget Modification DEPARTMENT: Planning Board Budget Mod - Tree Committee Fiscal Impact: Budget modification is needed to cover expenses for 2008 tree plantings. RESOLVEDmodifies the 2008 Tree that the Town Board of the Town of Southold hereby Committee Whole Town budget as follows: To: Revenues : A.2705.30 Gifts and Donations Tree Committee Donations $1,500.00 To: Appropriations : A.8560.4.400.200 Contracted Services Trees & Committee Expense $1,500.00 ? Vote Record - Resolution RES-2009-71 ? 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 January 6, 2009 Page 17 Minutes Southold Town Board Meeting 2009-72 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2008 Budget Modification - Highway Fiscal Impact: The reason(s) for the above-described transfer(s) is that they have been necessitated in order to prevent end-of-year under-funding of several line items. RESOLVEDmodifies the 2008 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows : TO: DB.5110.1.100.200 General Repairs, P.S. Full Time Employees Overtime Earnings $20,000.00 DB.5110.1.100.300 General Repairs, P.S. Full Time Employees Vacation Earnings $ 9,424.42 DB.5110.1.100.400 General Repairs, P.S. Full Time Employees Sick Earnings $18,360.39 DB.5110.1.200.100 General Repairs, P.S. Part Time Employees Regular Earnings $ 800.00 DB.5110.4.100.905 General Repairs, C.E. Supplies & Materials Asphalt Patch $ 2,600.00 DB.5110.4.100.995 General Repairs, C.E. Supplies & Materials Signs & Sign Posts $ 3,000.00 DB.5140.4.100.700 Brush & Weeds/Misc., C.E. Supplies & Materials Safety Gear $ 2,500.00 DB.5140.4.200.100 Brush & Weeds/Misc., C.E. January 6, 2009 Page 18 Minutes Southold Town Board Meeting Utilities Telephone/Cellular Phones $ 350.00 DB.5142.4.100.550 Snow Removal, C.E. Supplies & Materials Snow Posts $ 4,000.00 TOTAL $61034.81 FROM: DB.5110.4.100.900 General Repairs, C.E. Supplies & Materials Resurfacing Projects $23,960.39 DB.5110.4.100.915 General Repairs, C.E. Supplies & Materials Cement $ 3,000.00 DB.5110.4.100.930 General Repairs, C.E. Supplies & Materials Stone Blend $ 800.00 DB.5110.4.100.960 General Repairs, C.E. Supplies & Materials Drain Pipe/Rings/Covers $26,424.42 DB.5140.4.100.900 Brush & Weeds/Misc., C.E. Supplies & Materials Landscaping Materials $ 2,500.00 DB.5140.4.100.125 Brush & Weeds/Misc., C.E. Supplies & Materials Miscellaneous Supplies $ 350.00 DB.5142.2.400.200 Snow Removal Industrial Equipment Snow Equipment $ 3,000.00 DB.5142.4.100.100 Snow Removal, C.E. Supplies & Materials Misc. Supplies $ 1,000.00 TOTAL $61034.81 January 6, 2009 Page 19 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-72 ? 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 2009-73 CATEGORY: Budget Modification DEPARTMENT: Assessors 2008 Budget Modification - Assessors Fiscal Impact: Please consider the following resolution to modify our current budget. This modification is requested Due to New York State not reimbursing for education expenses. We are contacting New York State to see when the money will be forthcoming however this will clear up the year end overdraft. RESOLVEDmodifies the Whole Town, that the Town Board of the Town of Southold hereby General Fund 2008 budget as follows: To: A1355.4.600.200 Board of Assessors Misc. Meetings & Seminars $1492.29 From: A1355.4.500.200 Board of Assessors Fee for Services Appraisals $1492.29 ? Vote Record - Resolution RES-2009-73 ? 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 2009-74 CATEGORY: Budget Modification DEPARTMENT: Town Clerk January 6, 2009 Page 20 Minutes Southold Town Board Meeting Budget Modification - Recreation Fiscal Impact: to cover the salary for Jill Franke, part-time account clerk-typist RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby General Fund Whole Town, as follows: FROM: A7020.1.100.200 Personal Services/Full Time Employees $900.00 Overtime Earnings TO: A7020.1.200.100 Personal Services/Part Time Employees $900.00 Regular Earnings ? Vote Record - Resolution RES-2009-74 ? 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 2009-75 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - Historic Preservation Fiscal Impact: budget modification to the 2008 General Fund Whole Town budget to cover an over expended line item in the Historic Preservation Committee 2008 budget RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2008 budget as follows: TO : A.7520.1.200.100 Part-Time Employees, P.S. Regular Earnings $1.00 FROM : A.7520.4.100.100 Supplies & Materials, C.E. Office Supplies/Stationary $1.00 January 6, 2009 Page 21 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-75 ? 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 2009-76 CATEGORY: Budget Modification DEPARTMENT: Trustees Full-Time Employees & Court Reporter Underfunding Fiscal Impact: The budget lines for full-time employees and court reporters were underfunded. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: A8090.1.300.100 Seasonal Employees Regular Earnings $2819.48 To: A8090.1.100.100 Full-Time Employees Regular Earnings $2019.36 A8090.1.200.100 Part-Time Employees Regular Earnings $ .12 A8090.4.500.600 Court Reporters $ 800.00 ? Vote Record - Resolution RES-2009-76 ? 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 2009-77 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Budget Modification - SWMD Fiscal Impact: Financial Impact: Required to cover final 2008 costs January 6, 2009 Page 22 Minutes Southold Town Board Meeting RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 8160.4.100.200 Diesel Fuel $ 5,867.50 To: SR 8160.4.500.150 Groundwater Monitoring $ 5,867.50 ? Vote Record - Resolution RES-2009-77 ? 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 2009-78 CATEGORY: Budget Modification DEPARTMENT: Data Processing Budget Modification - Data Processing Fiscal Impact: Reason: Unfunded salary increase RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund, Whole Town budget as follows: From: A.1680.1.100.200 Overtime Earnings $3250.00 To: A.1680.1.100.100 Regular Earnings $3250.00 ? Vote Record - Resolution RES-2009-78 ? 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 January 6, 2009 Page 23 Minutes Southold Town Board Meeting 2009-79 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Historian 2008 Pt Earnings RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby General Fund Whole Town Budget as follows: From: A.7510.4.100.100 Historian, C.E. Office Supplies/Stationary $ 85.00 To: A.7510.1.200.100 Historian, P.S. Part Time Regular Earnings $ 85.00 ? Vote Record - Resolution RES-2009-79 ? 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 2009-80 CATEGORY: Organizational DEPARTMENT: Town Clerk Appoint Linda Randolph to the Position of Secretary to the Southold Town Tree Committee RESOLVEDappoints Linda Randolph that the Town Board of the Town of Southold hereby to the position of Secretary to the Southold Town Tree Committee , effective from January 1, 2009 through December 31, 2009 not to exceed five (5) hours per week in addition to her regular 35 hour work week, regardless of the number of committees she serves. . January 6, 2009 Page 24 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-80 ? 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 2009-81 CATEGORY: Employment - Town DEPARTMENT: Accounting Leave Time Donations for Non-Union Employees RESOLVEDauthorizes employees to that the Town Board of the Town of Southold hereby donate unused accumulated leave time to non-union employees. ? Vote Record - Resolution RES-2009-81 ? 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 2009-82 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Final Application for Federal Assistance Between the Town of Southold and the Federal Aviation Administration for Runway Crack Repairs for Elizabeth Field Airport, Fishers Island RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Final Application for Federal Assistance between the Town of Southold and the Federal Aviation Administration for runway crack repairs for Elizabeth Field Airport, Fishers Island , in connection with FAA AIP Project No. 3-36-0029-XX-09, subject to the approval of the Town Attorney. January 6, 2009 Page 25 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-82 ? 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 2009-83 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Position of Assistant Town Attorney RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for resumes for the full-time position of Assistant Town Attorney. ? Vote Record - Resolution RES-2009-83 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-84 CATEGORY: Property Usage DEPARTMENT: Town Clerk Approve Use of Strawberry Fields for East End GreenFest RESOLVEDgrants permission to Syd that the Town Board of the Town of Southold hereby and Deborah Dufton to use Strawberry Fields in Mattituck for the East End GreenFeston August 1 & 2, 2009 (Saturday and Sunday) from 8:00 AM to 8:00PM. Set-up on July 31, 2009 and breakdown and field restoration on August 3, 2009, subject to the conditions of the Town Board and the approval of the Town Attorney. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured. January 6, 2009 Page 26 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-84 ? 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 2009-85 CATEGORY: Seqra DEPARTMENT: Land Preservation CW Francis SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by C. W. Francis & Son, Inc. pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-19.-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 for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form January 6, 2009 Page 27 Minutes Southold Town Board Meeting prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. ? Vote Record - Resolution RES-2009-85 ? 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 28. Statement SUPERVISOR RUSSELL: Yeah, we are going to vote on, I believe the acquisition of open space and on the East-West fire district this evening. 2009-86 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation CW Francis Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by C. W. th Francis & Son, Inc. on the 6 day of January, 2009, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-19.-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; and WHEREAS, the development rights easement comprises a part of the property consisting of January 6, 2009 Page 28 Minutes Southold Town Board Meeting approximately 23.0± acres (subject to survey) of the 26.48± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, t he purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by C. W. Francis & Son, Inc. pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-19.-1-14.7. The address is 32400 Route 25 and the property is located in the R- January 6, 2009 Page 29 Minutes Southold Town Board Meeting 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 development rights easement comprises 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 development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board has determined that this action is consistent with the LWRP. ? Vote Record - Resolution RES-2009-86 ? 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 2009-95 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL to Limit Size in Res 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 “ Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Density District in the Town of Southold ”and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, NOW therefor be it January 6, 2009 Page 30 Minutes Southold Town Board Meeting RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed local A Local Law In Relation to Zoning Amendments to limit the size of dwelling law entitled, “ units in Residential Site Plans in the Hamlet Density District in the Town of Southold ” reads as follows: LOCAL LAW NO. ___1____ 2009 “A Local Law in relation to Zoning Amendments to limit the size of dwelling A Local Law entitled, units in Residential Site Plans in the Hamlet Density District 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 January 6, 2009 Page 31 Minutes Southold Town Board Meeting 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 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 January 6, 2009 Page 32 Minutes Southold Town Board Meeting 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. Section 2 . CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold is amended as follows: §280-137 A Maximum amount of building area and size of buildings in the Hamlet (7). Density Zoning District i. 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 total building area may then be divided into structures. ii. At least 50% of the total number of units proposed 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. iii. 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. iv. 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 Incidental floor area per unit shall exclude incidental floor area. area shall include, but not be limited to garages, unenclosed porches and decks, and shall not include unfinished basement area and unfinished attic area. Section 3 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. January 6, 2009 Page 33 Minutes Southold Town Board Meeting Section 4 . SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2009-95 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? ??Albert Krupski Jr. Seconder Withdrawn ?????????? Supervisor's Appt Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Initiator ?? Rescinded ???????? Scott Russell Voter Next: Jan 20, 2009 7:30 PM 2009-94 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Design Standards Res Site Plan WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk A Local Law In County, New York, on the 16th day of December, 2008 a Local Law entitled “ Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, Now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed local A Local Law In Relation to Design Standards and Regulations for Residential law entitled, “ Site Plans in the Town of Southold ” reads as follows: LOCAL LAW NO. _2_ 2009 January 6, 2009 Page 34 Minutes Southold Town Board Meeting “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 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 January 6, 2009 Page 35 Minutes Southold Town Board Meeting 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. 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 presubmission 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 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 January 6, 2009 Page 36 Minutes Southold Town Board Meeting 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. 2. Minimum setback i. 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. 3. Minimum buffer i. 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 (7) [Reserved.] (8) 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 January 6, 2009 Page 37 Minutes Southold Town Board Meeting 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 should 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] 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. January 6, 2009 Page 38 Minutes Southold Town Board Meeting 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 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: 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 Cluster Development Residential Site Plans Size of Minimum open Minimum Minimum buffer January 6, 2009 Page 39 Minutes Southold Town Board Meeting 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 >39 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 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-2009-94 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? ??Albert Krupski Jr. Voter Withdrawn ?? Supervisor's Appt ???????? Thomas H. Wickham Seconder ?? Tax Receiver's Appt ???????? Louisa P. Evans Initiator ?? Rescinded ???????? Scott Russell Voter Next: Jan 20, 2009 7:30 PM 2009-93 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk January 6, 2009 Page 40 Minutes Southold Town Board Meeting Enact LL 2009 Open Space in HB & HD WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk rd A Local Law In County, New York, on the 23 day of September, 2008 a Local Law entitled “ Relation to Open Space in subdivisions in the Hamlet Density Zoning District ”and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed local A Local Law In Relation to Open Space in subdivisions in the Hamlet Density law entitled, “ Zoning District ” which reads as follows: LOCAL LAW NO. __3__ 2009 A Local Law In Relation to Open Space in subdivisions in the Hamlet Density Zoning District BE IT ENACTED BY the Town Board of the Town of Southold as follows: Section 1 . Legislative Intent The purpose of this Local Law is to require an open space set-aside in subdivisions in the Hamlet Density Zoning district, identical to that imposed on residential site plans in the same district. Section 2. Chapter 240 of the Southold Town Code is amended as follows: ARTICLE XI Cluster Development § 240-42. Authority and purpose. D. The Planning Board, at its discretion, may mandate cluster development in the HD, AHD, RR, RO, LB, HB and B Zoning Districts for residential uses as permitted by this Code. H. Design requirements for cluster development subdivisions. In addition to the other requirements of this chapter, the following shall apply: (1) In the R-400, R-200, R- 120, R-80 and R-40 and A-C Zoning Districts, a cluster development design must set aside a minimum of 60% of the buildable lands as open space lands. (2) In the HD Zoning District, a cluster subdivision development must set aside a minimum January 6, 2009 Page 41 Minutes Southold Town Board Meeting percentage of buildable lands as shown in the “Open Space set-aside” column in the Schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of Chapter 280. (3) Utility and open space easements may be included in the calculation of the minimum required open space. (4) Roads, streets, rights-of-way may not be included in the calculation of the minimum required open space. 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 any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2009-93 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? ??Albert Krupski Jr. Voter Withdrawn ?? Supervisor's Appt ???????? Thomas H. Wickham Seconder ?? Tax Receiver's Appt ???????? Louisa P. Evans Initiator ?? Rescinded ???????? Scott Russell Voter Next: Jan 20, 2009 7:30 PM 2009-90 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the 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 RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Village of Greenport for the provision of fire protection and emergency response January 6, 2009 Page 42 Minutes Southold Town Board Meeting 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, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-90 ? 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 VI. Public Hearings 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 2. C W Francis - Set Public Hearing COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town sets Tuesday, January 6, 2009, at 4:35 Code, the Town Board of the Town of Southold hereby p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by 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 dollars) per buildable acre for the 23.0± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. January 6, 2009 Page 43 Minutes Southold Town Board Meeting The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice that it has appeared as a legal in the Suffolk Times newspaper, it has appeared on the Town Clerk’s bulletin board outside and I have a notice here from Mark Terry, the LWRP coordinator, which says in short, towards the end of his memo ‘it is my recommendation is consistent with the policy standards and therefore is consistent with LWRP for the Town.’ And I don’t have any further notices in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular acquisition. I see a member of our Land Preservation Commission here. RAY HUNTINGTON: This is a property that was discussed and examined by the Land Preservation Committee. It was discussed in great detail and we have arrived at recommendations for the Board and the, it is now ready for action. I could go into further but I think that is really the bottom line, that it was discussed; the pros and cons and we came to a conclusion which was recommend it. SUPERVISOR RUSSELL: Thank you, Ray. Ray, can we ask you to do it again and do it with feeling this time? Lillian. LILLIAN BALL: That is my department. I just wanted to say that this is a really important piece because you can see it, Lillian Ball, Southold Town. Also a member of the Land Preservation Committee. You can see that property from the Orient Point park and we gave this a lot attention, we actually even worked with the Planning Board on trying to figure out on how we could make this piece be not offensive in the view point area and we really did support the Town Board buying it. So hopefully, it will go through. Thanks. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on this proposed acquisition? (No response) Hearing none, let’s close the hearing. NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town sets Tuesday, January 6, 2009, at 4:35 Code, the Town Board of the Town of Southold hereby p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by 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 January 6, 2009 Page 44 Minutes Southold Town Board Meeting 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 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 Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice that it has appeared as a legal in the Suffolk Times newspaper, it has appeared on the Town Clerk’s bulletin board outside and I have a notice here from Mark Terry, the LWRP coordinator, which says in short, towards the end of his memo ‘it is my recommendation is consistent with the policy standards and therefore is consistent with LWRP for the Town.’ And I don’t have any further notices in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular acquisition. I see a member of our Land Preservation Commission here. RAY HUNTINGTON: This is a property that was discussed and examined by the Land Preservation Committee. It was discussed in great detail and we have arrived at recommendations for the Board and the, it is now ready for action. I could go into further but I think that is really the bottom line, that it was discussed; the pros and cons and we came to a conclusion which was recommend it. SUPERVISOR RUSSELL: Thank you, Ray. Ray, can we ask you to do it again and do it with feeling this time? Lillian. LILLIAN BALL: That is my department. I just wanted to say that this is a really important piece because you can see it, Lillian Ball, Southold Town. Also a member of the Land Preservation Committee. You can see that property from the Orient Point park and we gave this a lot attention, we actually even worked with the Planning Board on trying to figure out on how we could make this piece be not offensive in the view point area and we really did support the Town Board buying it. So hopefully, it will go through. Thanks. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on this proposed acquisition? (No response) Hearing none, let’s close the hearing. January 6, 2009 Page 45 Minutes Southold Town Board Meeting RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 3. Set 1/6/09 4:40 Residential Site Plans COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of December, A Local Law In Relation to Design Standards and Regulations 2008 a Local Law entitled “ for Residential Site Plans in the Town of Southold” and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, th 6 day of January, 2009at 4:40 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. A Local Law In Relation to Design Standards and The proposed local law entitled, “ Regulations for Residential Site Plans in the Town of Southold ” reads as follows: LOCAL LAW NO. _______ 2009 “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 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 January 6, 2009 Page 46 Minutes Southold Town Board Meeting 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 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 presubmission 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. January 6, 2009 Page 47 Minutes Southold Town Board Meeting (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 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 January 6, 2009 Page 48 Minutes Southold Town Board Meeting 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 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 January 6, 2009 Page 49 Minutes Southold Town Board Meeting 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] 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 January 6, 2009 Page 50 Minutes Southold Town Board Meeting residential properties that meet all other applicable standards, but shall condition the 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: January 6, 2009 Page 51 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 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. I have a notice that it has appeared as a legal in the local newspaper, it has also appeared on the January 6, 2009 Page 52 Minutes Southold Town Board Meeting Town Clerk’s bulletin board outside. And in the file is a short term environmental assessment form for unlisted actions to indicate that it has complied with the SEQRA requirements. From Mark Terry, the LWRP coordinator which says in effect ‘it is my recommendation that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.’ From Jerilyn Woodhouse dated January 6, 2009, ‘the proposed local law related to design standards for residential site plans etc. The Planning Board has reviewed the proposed locals laws referenced above and supports these code amendments. We agree that the hamlet business zoning district differs substantially from the hamlet density zoning district in the uses that are permitted and the general configuration and location of existing hamlet business zoned parcels. The commercial uses as well as residential must be considered when retooling requirements that address scale. The analysis of those uses and possible new design requirements will take time to complete. Thus we support continuing to apply the same requirements to residential site plans that currently exist for the hamlet business district. These proposed code amendments accomplish this by specifying that the required clustering and size limits apply specifically to the hamlet density district and can be applied if the Planning Board finds it appropriate to the hamlet business district. In the hamlet density zoning district, the permitted uses are limited to residential uses, thus proceeding with these new requirements in that district should be done as soon as possible. The intent is to provide for some moderate size housing in the town to balance what appears to be the predominate trend of building large homes to the exclusion of moderate size units. These code amendments will benefit both the Town and private developers by eliminating uncertainty and delays through clear guidelines.’ A note from Charles Cuddy and Charles is here this afternoon and perhaps he would prefer to read his own note? CHARLES CUDDY: I think I had a note last time. I have more to add. COUNCILMAN WICKHAM: Okay. And in fact, I think some of these are repeats in the file from the previous hearing. And so maybe I don’t think I have any new notices at this time and I think that is the… SUPERVISOR RUSSELL: Before I go to public comment, I want to just get a clarification from the attorney, there is a reference here to ‘if the Planning Board finds it appropriate, it can apply these standards to the hamlet business district’ I thought it was crystal clear and unambiguous that we were removing hamlet business from the discussion. ASSISTANT TOWN ATTORNEY CORCORAN: Well, as I understand that the, that currently before the law is changed at all, clustering can be applied to any district including HB or HD and so the new law does not change that, it makes it mandatory for HD and retains the discretionary application of that to HB. SUPERVISOR RUSSELL: I can appreciate that but it references specifically ‘and size limits apply’ and ‘can be applied’. COUNCILMAN KRUPSKI: I think that (inaudible) January 6, 2009 Page 53 Minutes Southold Town Board Meeting ASSISTANT TOWN ATTORNEY CORCORAN: The size limits of that as I understand it are not applicable to HD. Excuse me, HB. SUPERVISOR RUSSELL: The Planning Board has no authority to impose size limits on the HB zones. UNIDENTIFIED: That is true. SUPERVISOR RUSSELL: Okay. Kieran, I am taking that as… ASSISTANT TOWN ATTORNEY CORCORAN: That is how I understand it. SUPERVISOR RUSSELL: Okay. HEATHER LANZA: Heather Lanza, Planning Department. Do you want me to run through this a little bit or not? Because there were some typos in the paper and there were also…. COUNCILMAN KRUPSKI: It wouldn’t hurt to clear it up. SUPERVISOR RUSSELL: Let’s get some clarification. Clear it up with you and then we will go to public comment. MS. LANZA: Okay. So, basically these code amendments require cluster development of residential site plans in residential districts. That is how we distinguish between the HB and the HD districts because the HB district is a business district, so that is what the wording says. In our, the formatting made it look like the size limits, the minimum setbacks and the minimum buffers apply to all residential site plans but they should have been made subordinate to the clause where it says ‘design requirements were clustered development is required’ and that is how we picked all that out from the rest of the design standards. I know it is kind of hard to follow verbally but we double checked it to make sure that, the way it was written in the paper was not correct. Your version should be correct. The one that you are looking at now. So that the reserved, where it says reserved, it is number two the minimum setback is number three. The paper had it different. That is why I thought it was important to mention because most of the people here don’t have that version. So in section two of the design requirements, six A two, in the paper it said it was seven in parentheses and it should have been, anyway, I am just clarifying that your version is correct, it was a little wrong in the paper. Let’s see, the other typo was removing the references to the hamlet business district in the third local law that is not up for public hearing but I just thought I would mention it, that your local law still references the hamlet business zone, so that was a typo because we had gone through a whole version where we took that out. And I have that here and I don’t know if you decide to pass that tonight, if you want to look at my changes or if you want to hold off on that one. That one is referencing subdivisions and making the subdivision code consistent with these other code amendments. So you could hold off on that one. SUPERVISOR RUSSELL: Okay. This got a little confusing for me, I am sorry. January 6, 2009 Page 54 Minutes Southold Town Board Meeting MS. LANZA: That is okay. Here, I can show you what happened. SUPERVISOR RUSSELL: I understand the clear distinction between open space requirements and size limits, I just want to make sure that as we march forward that the will of the Board, which is to exclude hamlet business from size discussion, is inherent in this. (Inaudible) but when you are referencing 240 you are also talking about, I mean, the clustering I understand but when you reference 240, you are also referencing size limits. So it is an ambiguous reference, because 240 also includes limit of size. It is the definition of size. 240 also includes the definition of size of the residential dwelling unit. COUNCILMAN WICKHAM: Why don’t we clarify this at our next meeting and not try to enact it tonight? SUPERVISOR RUSSELL: Okay. You know what we are going to do? we are going to go to public comment on this. We are probably going to get clarification on this before we move forward with the vote tonight but just so there is an understanding, there are some things that are going to be applied to hamlet density and hamlet business zones and some things that are not. The one issue here is the size, defining size to hamlet density versus size to hamlet business, which is a separate zoning issue. MS. LANZA: Inaudible. SUPERVISOR RUSSELL: Okay. Alright. Well, let’s go to the public, let’s get some input from everybody that wants to address this issue and then we will try to clarify it. I am going to call on Mr. Cuddy first, okay? CHARLES CUDDY: Thank you, good evening. Charles Cuddy. I was converting Mrs. Egan to my side. She gets a lot of attention when she talks and I was hoping that with that kind of attention, I would be in good shape. I would like to incorporate the remarks I made at the prior hearing as part of this hearing, if that is agreeable. I would also point out to the Board that this amendment, to me, these series of amendments, seems to strike at what zoning is all about. If you change the characteristics of the zone, you essentially change the zone. If you change a zone which is an ad hoc change and that is what we are talking about here because you are basically changing the 46 acre parcel. I know there is another parcel, too, but that is rather minor. If you did that, you would essentially be doing spot zoning. I think what you are doing here is back door spot zoning. You change the characteristics but you don’t change the name. I think that is wrong and I don’t think it should be approved but I want to go a little bit further. There doesn’t appear to me to be any rigorous planning process that underpins the concepts that are being adopted. Despite protests to the contrary, there is really no updated comprehensive plan in this town. The hamlet study that you talk about didn’t ever incorporate this parcel. There really is no indication that other HD developed sites have been considered and there are other HD developed sites and I think you have ignored some fundamental considerations. I think that this amendment will result in significantly smaller residential units and if that is going to happen, then it is going to impact the value and it means it is going to impact the value of the residential areas January 6, 2009 Page 55 Minutes Southold Town Board Meeting surrounding this and I don’t know that that has been considered. The way the plan is right now, the units would be larger, I think the value would be greater, I think that would be a plus for the surrounding area. I think this is going to be a minus for the surrounding area. I think you also haven’t realized that the actual number of units are going to increase. Right now, the applicant has three to an acre. When you get through here, you are still going to have four to an acre and you are going to place them in half the property, less than half the property. If you do that, you are going to have six to seven units per acre of building. I don’t know if the town really is looking for that, but that is what is going to happen. That is the useable land is going to have six to seven units on it. I don’t know if you considered the tax consequences, if you have over 55 which is the proposal this applicant had, then the school district is going to get several hundred thousand dollars probably without any drawdown. If you don’t have over 55, you are going to have a great possibility that the taxes are simply going to be used for more school children. So I think those things are important and I also think it is important that you take an applicant that has been here for four or five years and you let him rely on existing zoning and you don’t make it retroactive. To come here and say to you that I have a plan and I could do this for just a single house, and you don’t like my plan because I want 3,000 square feet and you would like me to have 2,000 square feet; I hope that doesn’t happen but I can see with this kind of thinking, it could happen because I think all we are talking about tonight and the only support that is really here is a personal preference. What you would like as opposed to what somebody else would like but you have to be able to rely upon zoning sometime and there must come a time when you say the zoning that a person has when they come here is fixed and they can rely upon it. If not, then zoning really doesn’t mean anything. I am just surprised that we have gone this far with this type of thinking. Board members I know and I know most of you are rationale, you are sensitive. But collectively, sometimes you make what I think are egregiously bad decisions. I think this could be one of them. I don’t think it is factually supportable, I don’t think it is legally sustainable and I would ask that you not adopt it. Thank you. SUPERVISOR RUSSELL: Okay. Would anybody else like to address the Town Board? Mr. Huntington? I am sorry, why don’t you come up first, Barbara? BARBARA MACADAM: Good evening, happy new year to all. Barbara MacAdam, Crown Land Lane, the neighborhood to the west of the Heritage. I just wanted to say that the legislative intent of this resolution is good in that it recognizes the profound impact that this development is likely to have on the existing community. I would just like to point out though, under the design considerations item 10 E, seems to contradict that recognition. And 10 E just to refresh your memory says ‘the provision of and adequacy of the emergency lane exits, tap streets, other safety zones and the provision of fire hydrants to promote the public safety’ if you think about it and I will refresh your memories again, opening up Spur Road and Bridle and or either of them to Highland, it is going to create a bypass essentially, all the way from Crown Land Lane to Depot Lane and vice versa. So essentially it will be an alternate route through the hamlet of Cutchogue which is going to be devastating to my neighborhood. We have 189 residents currently, 65 of them are children under the age of 18 and the likelihood is that that proportion is going to remain pretty constant, as seniors like myself over the next decade or so you know, sell out big homes to families. We are always going to have a lot of kids in that area and you know, part of the charm of that area currently is that it is a no outlet place to live, it is very safe. You know, our kids can January 6, 2009 Page 56 Minutes Southold Town Board Meeting ride their bikes, we have people from outside the neighborhood who come to ride their bikes and jog because they know it is a safe place to do those activities. We have tons of trick or treaters on Halloween because the parents know it is going to be a safe place to drop off the kids and you know, they can do that kind of thing. But to open it up to what we call the Heritage highway, it is going to devastate the area. And when we talk about public safety, I think you really need to be sensitive to that. I know that the Planning Board has heard us, the message has gotten through to them. I am at every Planning Board work session, every Monday and in November, they sat down with the traffic consultants from Greenman, Peterson and from the questions and comments they made to those consultants, it is obvious that they are aware of you know, how devastating this will be to our neighborhood and we are not just worried about property values, it is going to be a true safety issue. It is beyond rural character, it is beyond quality of life, it is going to be a true safety issue because it won’t be just residents of the Heritage driving through our streets, it will be everybody in Southold, resident and visitor alike. And you know, we have all been on Main Road in the summertime during those really busy events where everybody, everyone of us has wished that there was a shortcut out of that and it is going to be happening. You know, I have lived in the area 15 years now and that no outlet sign was there before I got there. so I guess Town Board’s in the past or Highway Departments in the past and Planning Board’s in the past, realized that was needed. You know, what would happen. So, I just ask you to be especially sensitive to that as you deal with this project as it unfolds. In terms of the access, and that has been my primary mission since I got involved with this whole thing two years ago, to protect our neighborhood because of the traffic and access issues. There are other things that can be done. There are precedents that have been set for condominiums in both Southold Town and in Riverhead. And Riverhead, surprisingly, seems very conscious of the impacts to local, adjoining neighborhoods and wanting to minimize them. So having one way in and out for the most part and leading it toward major arteries rather than through, you know, neighborhoods, the way this would, is something that, you know, they are conscious of and I think that you know, we need to be cognizant of as well. I am going to pass on to you just a little list that I put together of about 11 developments in Riverhead and 8 in Southold so that you can look at them and where they are at and where their access points are and perhaps, you know, something that we can think about as we deal with the Heritage as it unfolds. Thank you. SUPERVISOR RUSSELL: Thank you. RAY HUNTINGTON: Now that you have put your team together for the new year, I want to wish you a very pleasant new year. All of you. COUNCILMAN ORLANDO: Thank you. MR. HUNTINGTON: With respect to the residential site plan before us… SUPERVISOR RUSSELL: For the record, it is Ray Huntington, Cutchogue. MR. HUNTINGTON: Ray Huntington, Cutchogue. That is correct. I think it is really well considered and well written. I have wrestled with Southold code for a long time, not as a lawyer, I am not a lawyer but I have wrestled with the code and I think this adds clarity and it addresses January 6, 2009 Page 57 Minutes Southold Town Board Meeting an area that needs very sorely to be addressed. It is, of course, very difficult to understand all of the ramifications that can exist here but I do think it is a good addition to the town code, well constructed. I think we would profit well from adopting it and perhaps fixing what might be not quite home yet. However, it is a good job I think. There is one part I would like to comment on, too, and that is in the legislative intent. It refers to the comprehensive plan. I was very gratified to see that that reference to the comprehensive plan there because it is on that plan that we build our whole town code, the agreement in the community, one neighbor to another, of how we are going to behave. It is an oblique reference, though, to the comprehensive plan and this is a vital part of our government and I think we need to go further in clarifying what the comprehensive plan is. This is, it can be the foundation for this kind of legislation in our whole town code of course, so I look forward to seeing this pass and I also look forward to further clarification of the comprehensive plan. SUPERVISOR RUSSELL: Thank you. Benja? BENJA SCHWARTZ: Good evening, Benja sledgehammer, I mean Schwartz, from Cutchogue. Tom, the letter you were reading earlier was from the Planning Board, is that correct? th COUNCILMAN WICKHAM: Yes. A memo dated January 6. MR. SCHWARTZ: A memo, okay. Have we received anything from Suffolk County? SUPERVISOR RUSSELL: Suffolk County Planning Commission. COUNCILMAN WICKHAM: I think we did, the first time around. ASSISTANT TOWN ATTORNEY CORCORAN: Yes, it was a matter of local determination. COUNCILMAN WICKHAM: That is right. MR. SCHWARTZ: Okay. So will that carry over to this hearing? We don’t need to notify them again? Okay. That is good because that was the holdup why you could not make a decision at the last, after the last public hearing. I am really surprised at one of the previous speakers references to the law, but it made me think that when those kind of people talk about property rights, they really don’t understand what the basis of property rights are. The basis of real property rights are that if you own real property, you can continue to own it and use it the way it is. If you are going to develop the property into something different, that is not really, in my book, that is not property rights, that is property developers rights. Not a property owners rights. Because you know, nobody owns a development on the farmland in the center of Cutchogue. They own the farmland and whether you allow them to develop that or not, the law is very clear. That is up to you. The comments made about the lack of a master plan are really, if that is true that there is no master plan at all, nothing holding together the planning for this community, then the entire zoning code goes out the window. And what that would do to the property rights all over town, etc. is be throwing the baby out with the bathwater to go with that. To call this proposed law a spot zoning is just, you know and to say that there was no thought or no study January 6, 2009 Page 58 Minutes Southold Town Board Meeting gone into it, I think it is a very carefully developed and deliberated proposal and if the only opposition to it is that it is spot zoning, that doesn’t make any sense. It is the opposite of spot zoning, the reason that people are opposing leaving the zoning the way it is is because of the impact that the development that could occur under the current zoning would have on the rest of the community. Similarly there was a mention that this new law would make the impact even greater and increase the number of units to up to seven units an acre and that is entirely up to the developer how he is going to work that out but to me really, everything he said was an argument for a moratorium until we can complete a comprehensive master plan and a, in conjunction with the comprehensive master plan, implementation measures including a upzoning, a density upzoning, specifically limiting the number of units on this property and possibly allowing increased density if it is proven that the, there won’t be adverse impacts from such density. But the current law permitting four units per acre there really was based on planning that foresaw that four units per acre would be supported by public water and public sewer. And it is very clear there is not going to be public sewer there. there is a possibility of private sewer but that is not the same as public sewer and it is very clear that the public water in Southold Town, there is already a public water shortage. We are importing water from Riverhead. There was, the impetus for the Suffolk County Water Authority to come in to Southold Town was a shortage of public water in Greenport. They were pumping the water so fast from the aquifer that the salt water was being drawn into the aquifer there. The Suffolk County Water Authority came in and with all the wells all over town, still having trouble supplying the existing current population. I believe right now we are getting a significant proportion of our water from the aquifer under Riverhead Town which is much deeper and bigger and not dependent on rain and precipitation for recharge. But it is also not unlimited. I think we need to look at that and I think we will be looking at that in an ongoing fashion. But for now, I am very pleased that the Board is considering at least doing something to alleviate the current problems. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this issue? ELLEN PATERNO: I am Ellen Paterno of Cutchogue and I also would like to thank the Board for addressing this issue. It is a very serious issue and I think it is not targeting one development project, it is really for the, ongoing for the town and all the building requests that will come in. So it has to start somewhere, it has to start now. And I think it is a very good thing that you are leaving a lot of the land not built and it is really important I think for the north fork and the north fork that we want to keep here and a farming community and the other thing is that the sewer issue, I agree that it has to be cluster zoning but I think the sewer issue cannot be ignored, it is a serious issue not just for the groundwater but for our water ways, the Peconic Bay. And I think that has to be an overriding issue. I have written to the Health Department about it and I am not satisfied with the answer they get, I don’t understand why even public water should be linked to sewer, having to have a sewer disposal but you know, I think that you, I fully support your efforts and I really hope that you will move forward in that area and I don’t think that any particular developer should have the power to say that you need to stop it. I think it is really for the entire town and the benefit of the entire town. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up? Mr. Wills? January 6, 2009 Page 59 Minutes Southold Town Board Meeting FRANK WILLS: Good evening, Frank Wills, Mattituck. I was wondering how in new rules for building and clustering, whether consideration should not be given to imposing energy star rules on new construction and while our new rules are things that help the environment, especially conserve energy, the other one would be lighting rules and regulations that we are working on and possibly might be of value to be added to the list. SUPERVISOR RUSSELL: Actually, you are on the very committee that is helping me work on that. They were before the Town Board recently to discuss initiatives for the new year, one being a dark skies initiative. The dark skies lighting initiative. The other one would be to adopt energy star standards. A lot of western communities have done that, they have done that for the commercial sector although in Southold that wouldn’t be very meaningful because the residential sector is the larger block of property out here. We did talk about that, the Board is interested in hearing what they have to say. Hopefully in the near future we will have something to present to the Town Board on both of those. MR. WILLS: Great. Thank you. SUPERVISOR RUSSELL: As a matter of policy, the Planning Board is already adopting a dark skies review process. When they review site plans, they have the prerogative now to some extent. There are some glitches, Heather e-mails me on a regular basis to let me know but they do try to impose a dark sky standard on all of their reviewing processes. Would anybody else like to come up and address the Town Board on this particular issue? Please. KELLY EVERS: I am Kelly Evers and I live in Cutchogue. And more specifically, I live on Schoolhouse Road. So this development is very important to me. I understand you are carefully considering all the public comments that are being made here tonight, so I wanted to comment on a few things people have spoken about. Firstly, Barbara’s comments on the safety of the neighborhood is of course, you know, very important to me being that I have four children and our lives would drastically be affected by this development in any shape or form, I mean, but the size that is being proposed right now is certainly unacceptable. Considering Schoolhouse would be the main entrance and exit point for all of the residents as it stands now. I also would comment on Mr. Cuddy’s comments. He first said that reducing the size of this development would have a negative affect on the residents and I can say that in fact, it would not have a negative affect. The development itself is having a negative affect, the proposal of it. But if it never existed, it would actually be a very positive thing. Secondly, he commented that changing the rules midstream would be very detrimental to the builder but when I bought my house, I did not have major traffic condition and by building this development, it would create a major traffic condition and it would then be changing the rules, my rules, as a resident who should have rights in our neighborhood to not bear the brunt of all this traffic from this development. So you know, I don’t really agree with any of his comments and I just wanted to point that out to you. And that is really what I wanted to talk about. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on these series of legislative initiatives? January 6, 2009 Page 60 Minutes Southold Town Board Meeting ASSISTANT TOWN ATTORNEY CORCORAN: As a matter of procedure, you are going to need to open up the, I think you only opened one local law. Correct? You opened the hearing on one local law? COUNCILMAN WICKHAM: This one was one. Design standards. ASSISTANT TOWN ATTORNEY CORCORAN: Right. COUNCILMAN WICKHAM: We still have the size of dwellings to go, don’t we? ASSISTANT TOWN ATTORNEY CORCORAN: Yes. COUNCILMAN WICKHAM: So we will do the second one? JUSTICE EVANS: Should we close the first hearing? ASSISTANT TOWN ATTORNEY CORCORAN: You should have closed the development right hearing and then you will need to close this one. SUPERVISOR RUSSELL: Let’s defer to the public and then we will square away our house in a second. PETER LAKE: My name is Peter Lake, I live in Cutchogue, specifically Highland Road. Some of what I have heard as far as setbacks being 75 feet, is that correct? Is that what the proposed is? SUPERVISOR RUSSELL: Heather? I believe so. COUNCILMAN ORLANDO: It changes per lot size. MR. LAKE: Seventy five. What is that in reference to? From my property line to where they are able to start? COUNCILMAN KRUPSKI: The minimum buffer. The minimum buffer would be 50 feet as proposed, in other words, nothing could happen within the first 50 feet of an adjacent property line and then the minimum setback for a building would be 75 feet. MR. LAKE: Okay. When you go to all the building department meetings and they keep talking about how it is going to affect the existing community. I mean, my house is 78 feet wide. If you tell me less than the depth of my house, no the width of my house…. SUPERVISOR RUSSELL: There is two separate components to the open space or the buffer. One is the mandatory buffer of 50 feet, that is a non-disturbance buffer. That is a buffer that you can’t touch. Then from there you have 75 feet before you can locate a dwelling. January 6, 2009 Page 61 Minutes Southold Town Board Meeting UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: No. That is inclusive? UNIDENTIFIED: So what is the total? MR. LAKE: That is what I am questioning. COUNCILMAN WICKHAM: Where do you live? MR. LAKE: I live on Highland Road, 2270. COUNCILMAN WICKHAM: I don’t think this law would apply to you. SUPERVISOR RUSSELL: No, what he is talking about is his impact on, in other words, can a structure be located within 75 feet of his house? MR. LAKE: I don’t want to be like NIMBY but it is in my backyard. For a lot of residents, it is in our backyards. I mean, that little of a buffer, how is that not supposed to affect us? COUNCILMAN WICKHAM: I see. MR. LAKE: Yeah, you know, I came out here from Queens because of the open space and everything like that. SUPERVISOR RUSSELL: The Planning Board has the authority to expand open space to design, in other words, we are starting a new template now on the size of the units and everything else. The units aren’t going to be scattered along the entirety of the property like they were before. Half of it has to be in open space. The Planning Board has the discretion to design or to insist on designs that reduce the impacts on your community as best they can. These just set minimum standards. They are not… MR. LAKE: When you are dealing with a property with the amount of dwellings as this, I think there should be a much greater because of the effect that it is going to have on the entire community. COUNCILMAN KRUPSKI: They can impose a greater buffer. This is the minimum. SUPERVISOR RUSSELL: They can. This is the minimum. COUNCILMAN KRUPSKI: They can’t clear it within 50 feet of the property line. COUNCILMAN ORLANDO: And the structure at 75 feet. January 6, 2009 Page 62 Minutes Southold Town Board Meeting MR. LAKE: Well, the way it was written, it was just 75. That is why… SUPERVISOR RUSSELL: No, okay, what this suggests is that the Planning Board has no authority to go less than that but they certainly still retain the authority like they have always had to make it go greater than that. Expand that. And when this design is being worked on, that is when you come before the Planning Board and say, this has a deleterious affect on my house, I want to see a bigger buffer. We went through this the first few times with a couple of maps that were within a few feet of the property line. So, it is the same process all over again. It just sets a bare minimum as to what the Planning Board can approve, they still have the right to expand that separation between new structures and existing structures. They have all that authority to do that. MR. LAKE: So it is still pretty much an open thing at this point? SUPERVISOR RUSSELL: Yes, it sets….go ahead. MS. LANZA: Heather Lanza. I just wanted to make the point that the setback right now, this doubles what is in the code right now, so this is actually…. MR. LAKE: But is still not enough. MS. LANZA: Okay. Well, just letting you know that. SUPERVISOR RUSSELL: But it doubles the hard setback, again, they still have the discretion to make those setbacks broader or wider than 75 feet. Which they have done already on the first few designs. That would be the public component where you come in and say this is deleterious, I want to see a bigger buffer, that is the give and take you have with the Planning Board. MR. LAKE: To be continued. SUPERVISOR RUSSELL: Mmmhmm. MR. LAKE: Okay. STEVE TETTELBACH: Hi, my name is Steve Tettelbach, I live on Crown Land Lane, just over from Highland. I would like to ask a question, you talk about this buffer. You said that that would be were there is no disturbance to the existing vegetation? SUPERVISOR RUSSELL: We defined the buffer, I am going to refer this to Heather, because we actually had a long discussion on what kind of buffer we were going to entertain and we do distinguish between a non disturbance area and an area that can be maintained but then we restrict the maintenance. I am going to refer this to Heather. MS. LANZA: Yeah. So in places, we couldn’t call it a non-disturbance buffer in places where there is no vegetation, so say a fallow farm field, it has no trees, we wanted to give the January 6, 2009 Page 63 Minutes Southold Town Board Meeting opportunity to add landscaping to that if it is all open, so that it truly could become a vegetated buffer. So the way we worded it, I don’t know if you can see that in the, I could read it if you are interested. SUPERVISOR RUSSELL: Yeah, would you please, Heather? MS. LANZA: So here is how the buffer is defined. It is located within the minimum setback. ‘The buffer begins at the property line and then extends in toward 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 be either non-disturbance, meaning the buffer area is left in its natural state, vegetation is not cut or removed or a buffer can be planted and landscaped according to a plan approved by the Planning Board.’ MR. TETTELBACH: Just a point which some of you may be aware of, the existing property that is owned by the developer is one where hundreds, literally hundreds of trees have been dug up and removed from right along the edge of that buffer. So it is going to directly impact the people that live along there. So I think that is something you need to take into consideration and perhaps it would warrant replanting some of those trees to leave the buffer as it was. Yes, it is a fallow farm field but there are quite a number of trees…. SUPERVISOR RUSSELL: We actually talked about that at length and we are insistent on making sure the Planning Board had the authority to insist on visual screening plantings, things like that. The idea of a buffer isn’t just to put space in between structures but to present, you know, to prevent a visual blight. So that was, we made sure that they had all the authority to do that. MR. TETTELBACH: Okay. Thank you. SUPERVISOR RUSSELL: And if there are any natural features worth protecting, to make sure that that would be part of the protected non-disturbance area. It is all subject to their determination. MR. TETTELBACH: Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 4. Set 1/6/09 4:45 Limit Size in Residential Site COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the th Town Board of the Town of Southold, Suffolk County, New York, on the 16 day of December, A Local Law In Relation to Zoning Amendments to limit the size 2008 a Local Law entitled “ January 6, 2009 Page 64 Minutes Southold Town Board Meeting of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold ”and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, th 6 day of January, 2009 at 4:45 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. A Local Law In Relation to Zoning Amendments to limit The proposed local law entitled, “ the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold ” reads as follows: LOCAL LAW NO. _______ 2009 “A Local Law in relation to Zoning Amendments to limit the size of dwelling A Local Law entitled, 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 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. January 6, 2009 Page 65 Minutes Southold Town Board Meeting 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. 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. January 6, 2009 Page 66 Minutes Southold Town Board Meeting 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 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. In other words, in short, a developer can have fewer homes if they are large, can have more homes if they are small; given a given yield. That summarizes the proposed law that is in front of us. I have here the legal from the Suffolk Times newspaper, I have a notice that it has appeared on the Town Clerk’s bulletin board outside and a memo from the Planning Board that th is dated the 6 in which it says, it ends as follows: ‘the intent of this law is to provide for some moderate size housing in the Town to balance what appears to be the predominant trend of building large homes to the exclusion of moderate size units. This code amendment will benefit both the Town and private developers by eliminating uncertainty and delays through clear th guidelines.’ I have, also dated January 6, a note from McCarthy Real Estate in Southold. ‘To the Esteemed Members of the Board, I am writing in reference to the new legislation proposed for the districts. Although I understand the intent of the legislation in curbing large residential structures in these districts, I feel that the implementation of this law across all property sizes is patently unfair. I suggest that these limits be implemented depending on the size of the project. To wit, one, if a developer has a residential site plan with the affordable component kicking in at five units, how does the newly implemented state law that gives a density incentive, how will that be handled? Will he need a variance or will state law supersede local jurisdiction? How is this coordination been addressed within the code? 2. How about considering an incremental code that has different plateaus for unit size, similar to the recently changed affordable requirement. Perhaps the 1,200 square foot restriction could be implemented in projects with over 20 units. (And he includes a table up to five units, no restrictions. Five to ten units could be 2,000 square feet per unit. Ten to twenty units, it would be 1,600 square feet per unit and over January 6, 2009 Page 67 Minutes Southold Town Board Meeting 20 units would be 1,200 square feet per unit) 3. What about a sunset clause for the size limitation after a period of time when the unit is sold from the original developer? In Caribou, North Carolina, their code relative to size sunsets after one year from the original sale in order to accommodate the ever changing needs of their community. I strongly recommend that these issues be truly considered prior to a vote on this new legislation and that there is clear direction given on the record with regard to the apparent conflicts with the New York State code.’ SUPERVISOR RUSSELL: We are on the forefront of planning apparently with Caribou, North Carolina. Wherever that might be. COUNCILMAN WICKHAM: We have a short environmental assessment form for SEQRA that has been signed and a notice from the LWRP coordinator that it is consistent with the LWRP plan in the town. SUPERVISOR RUSSELL: Would anybody like to address the Town Board? Mr. Cuddy? CHARLES CUDDY: Charles Cuddy. Don’t worry, I am not going to go through it again. I just want to say that my comments were designed to be cumulative and I assume they would be accepted that way. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this local law? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 5. 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 COMMENTS - Current Meeting: IT IS HEREBY RESOLVED COUNCILMAN WICKHAM: that the Town Board of the Town sets Tuesday, January 6, 2009 at 4:50 p.m. of Southold in the Town Meeting Hall, 53095 Main public hearing regarding a Road, Southold, New York 11971, as the time and place for a proposed Agreement between the Town Board of the Town of Southold and the Village of provision of fire protection and emergency response services to the East- Greenport for the West Fire Protection District , for the term commencing January 1, 2009 and ending December 31, 2018. I don’t think that the full copy of this agreement (inaudible) but I do have a notice that this has appeared as a legal in the local newspaper, the Suffolk Times and it has also appeared on the Town Clerk’s bulletin board outside. Can we ask the Assistant Town Attorney to summarize? ASSISTANT TOWN ATTORNEY CORCORAN: Certainly. The essence of the agreement is, as has I understand has gone on for some number of years, decades, the Village of Greenport will continue, the fire department of the Village of Greenport would be proposed to providing fire January 6, 2009 Page 68 Minutes Southold Town Board Meeting protection services to what is known as the East-West fire protection district. Which is what some people call the unincorporated part of Greenport. It was negotiated between members of the Town and the Village to try and find an equitable way of sharing those costs and that as in other fire districts, the chargeable rate to the members of the East-West protection district will be based on the equalization rate of their property in comparison to those in the district, and so the districts budget would be multiplied by a ratio of those property values. While, as you noted, it appears to be a long term agreement, it is actually not in as much as it is terminable by either party on one year’s notice in the event anyone finds that it is unfair in the way that the costs are allocated. That is the gist of it. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board? Mrs. Egan. JOAN EGAN: Joan Egan, East Marion. I don’t have an awful lot to add to this and I don’t know whether I heard all of it properly but the one thing I know living in East Marion that so very often the East Marion fire department, because of the situation in Peconic Landing, our fire department has to cover the Greenport fire department, the Peconic Landing to the best of my knowledge, has still not provided their people which they promised to do in their original permits; which maybe the Planning Department overlook and they didn’t take care of properly, an ambulance. They have some type of small ambulette but what often happens, as I said, if there is a bad emergency in Greenport or at Peconic Landing and they ring that fire alarm like it is going out of style, my fire fighters have to cover Greenport. There are two fire departments in Greenport and very often mine has to go up and protect Greenport, the Orient fire department has to cover us. So I would certainly think at this point that somebody up there or one of the other departments would write to Peconic Landing and tell them to live up to their commitment and get themselves and ambulance. As I have said before, you lost your best emergency room doctor at Eastern Long Island hospital because of the very essence of these situations. Thank you very much. SUPERVISOR RUSSELL: Just as a clarification, I have actually met with the director up there, Bob (inaudible) and his assistants, they have actually contracted with Lifestar to provide ambulance and they have developed protocol on when to call the local fire department and when to rely on Lifestar. I don’t know if that has had an impact yet, I haven’t had a chance to talk to the fire department but I certainly hope it has. MS. EGAN: Well, I still think a letter, I think there should be further progress and much more commitment on the part of Peconic Landing. They are rooking those people off like crazy. SUPERVISOR RUSSELL: In the interest of full disclosure, my father was just a patient there recently. Would anybody like to address the Town Board on the East-West fire district proposed budget? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell January 6, 2009 Page 69 Minutes Southold Town Board Meeting Closing Statements SUPERVISOR RUSSELL: Okay. That concludes the business tonight. Would anybody like to come up and address the town Board on any item of mutual interest? I am going to go to Mrs. Egan first. MS. EGAN: As my father said, I was vaccinated with a phonograph needle. Joan Egan, East Marion. I have addressed the Peconic Landing ambulance thing, what is our police force up to now? I haven’t checked in a while. Are we up to snuff? We still have people out on disability or pending retirement? SUPERVISOR RUSSELL: We have I believe, two, three currently out on disability. Perhaps it is four. Out on disability. We have five in the police academy, we have active about 42 officers. MS. EGAN: Yeah, well, that Peconic Landing thing, also you know you always need the policemen to go up there. and I have mentioned it to several Sergeants and Lieutenants at the police department, I don’t feel the necessity for their burning rubber all the time. I think that they could, you know, they have to go through Front Street to get up to Peconic Landing at that rate of speed. It is not good for all the cars, it is not good for the people. Alright, now the helicopter thing got very busy again over the holidays, holy days, we are staying on top of that situation as best we can? SUPERVISOR RUSSELL: Yes, we are. I am meeting with the Long Island regional representative to Senator Schumer over the next couple of weeks to discuss that and some other issues of mutual interest. MS. EGAN: Good. Now, haven’t said it for a while so I will say it again, if you see something, you say something. You tell a policeman, you tell anybody up here on the Board, you don’t have to, you know, give them all the, do the best you can because so many times that one little thing helps the situation before it gets out of hand and of course, I am sure everybody is now familiar with the child protection agency. So let’s look forward to a better year for all of us. Okay? SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Yes. JON FERRIS: Jon Ferris, Mattituck. I have never been here before, this is my first time coming before you guys and it is not for a NIMBY problem. I watch the meetings all the time on TV and this has nothing to do with that. This is a NIMIT problem, this is a problem all of us in the town are addressing or witnessing. I don’t know if you guys have seen it as much, I am in western Southold, over by Mattituck. Graffiti. Graffiti popping up all over Sound Avenue, all over Main Road, behind the shopping centers. When you first, when I first saw it there, I kind of said, alright it is kids. But now you are starting to see it on farm stands and barns and we are talking about open space and preservation and keeping the north fork, you know, really nice. This is a January 6, 2009 Page 70 Minutes Southold Town Board Meeting cancer that is going to be a problem, I am a retired Suffolk cop. I did 20 years in Brentwood, Bay Shore, Central Islip and I watched how that created bigger and worse problems. How it started out as just kids playing games and then it became competition, then it became violent with gang activity and all of that. It needs to be addressed and I don’t know if there is anything going on right now, if there is, great. If not, I volunteer, if the town will give me some paint, I will go and I will paint over the graffiti. There are a few things that have to be done, I understand it is not just, go paint over it. You need to notify the owners, you need to , you know, take care of it. You need to punish the people that you catch doing it. You need to make an example of them, be it community service where they in fact have to go clean the graffiti. Be it part of the problem or sentence is they have to pay for the cleaning of the graffiti but it is a problem I really think needs to be addressed. SUPERVISOR RUSSELL: I agree 100 percent. It is actually getting to be, there was from my understanding, an unhealthy competition between taggers recently. We actually had apprehended one. That case hasn’t been adjudicated yet. It will be a juvenile case but there is this competition that seems to be going on. We are actually finding graffiti on huge boulders down at the beaches which become impossible to clean because of the solvents needed. It is not easy, you can’t paint over a rock. It really is getting to be out of hand. I have talked to the police chief several times. I know they are aware of it, they have two juvenile aid officers that are working it as best they can. MR. FERRIS: I know what they did in western Suffolk, what the PD was doing. They were keeping a log of the areas where this was going on and they were documenting it and this way, if there is gang activity or gang wording, logos, tags whatever, that they were able to keep an idea, an intelligence sort of and keep that. They were also able to, when they did apprehend somebody, repeat offenders, you can, you know, if you had photographs of the certain signatures, or whatnot, you can charge him for each and every you know, crime. And also once you clean the marked area, obviously it is going to become a target in the beginning. Oh, they cleaned it, I am going to go back and I am going to…but that, once you grab a few kids, which it becomes easier, to grab them if you know you are starting with a clean slate, the local PD can now watch, keep an eye on it and if they see something, they can you know, do something about it quicker. And it makes it easier to prosecute. SUPERVISOR RUSSELL: Right. MR. FERRIS: If… SUPERVISOR RUSSELL: I would ask you to please come and talk to me. First of all, my dad retired from Suffolk County and of course, he would be willing to go and sit in the bushes with a baseball bat. That is how you fix everything. But the reality is, any insight you can give me, I would, and I have to tell you, you are not the first person to raise it to me. Because it is certainly in a community that takes a lot of pride in its scenic vistas. MR. FERRIS: That is what, I was listening to everybody at this meeting today and everybody likes being out on the north fork for the reasons we are here. That is why we are all here. And January 6, 2009 Page 71 Minutes Southold Town Board Meeting that is going to come in and it is going to ruin one of the reasons why we are here. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Alright. Thank you very much. I appreciate that. Come see me any time. MR. FERRIS: I will and like I said, I volunteer. I will, if you give me the paint, I will go and Rocky DiVello said he would do it with me. SUPERVISOR RUSSELL: 515 Oak Street. They haven’t tagged it yet but I suspect they might. So if you want to through a coat of stain on it. Just to protect it from those little scoundrels. I would really appreciate it. Also, don’t forget the trim. Linda? LINDA GOLDSMITH: Hi, Linda Goldsmith, East Marion. I wasn’t going to address graffiti but during the Cochran administration we actually had formed a committee which I was on, vandalism and graffiti committee which the end result was the signs you see on (inaudible) we value or natural resources and celebrate our youth. And we actually, I am probably going back I don’t know how many years, I don’t want to date myself too much but at that point we were able to sort of draw kids in, we had different hamlet meetings and talked about how it really destroyed the town and things like that. I think it was a lot easier then, quite honestly, but law enforcement was a big thing. And the big target then was Goose Creek bridge. That as the big target. And that was, it didn’t matter how often you cleaned it, repaint it. It was constantly the target. But I understand what this gentleman is saying. Like I said, it was deemed so distressing even back when Jean was Supervisor that we actually formed a town wide committee. But just that was an aside. The biggest reason I was here tonight is I have been very remiss. I have not thanked the Town Board and most specifically Mr. Orlando for our wonderful park, Southold Town park in East Marion. I was down there before Christmas with my grandson, playing outside, there were people playing tennis, there were people playing basketball, there were other kids in the park. Actually I was so delighted the first time I went that I called the Supervisor’s office and asked his secretary to tell him how much fun we were having. It is really very, very nice. I don’t know exactly who picked the playground, I believe the Board and you picked it? COUNCILMAN ORLANDO: Inaudible MS. GOLDSMITH: It is great. It is actually, we kind of tested it out age wise and a two year old is perfectly comfortable on it, eighteen month, we had a few difficulties but for a two year old and up, it is perfect, it is great, it is wonderful. I hope a lot of people in Southold Town take advantage of it because it is a nice, big open space between the ball field and the playground where you know, free play can take place and it was just really nice. I go, it is nice, I mean I can go down there and we have a really nice time and it is a very safe, it is far back from the highway and they have a nice fence up where it sort of dips down, so it was really nice. Thank you. COUNCILMAN ORLANDO: You are welcome. I am glad you brought it to our attention and we were able to fix it. January 6, 2009 Page 72 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: And to give you an indication of the hands on approach, he actually was down there assembling the equipment with the Department of Public Works. MS. GOLDSMITH: That is what I heard. That is what I heard. I wish I had known because I would have brought my camera. COUNCILMAN ORLANDO: We did. I got pictures. MS. GOLDSMITH: Oh, you did. Okay. but I do want to say thank you. It really is going to be great. I know just on our development alone, on Shipyard Lane, there are 21 kids under the age of 15 so I am sure some of them will be using it. The other question I had is, you had talked about your insurance and you had said you know, you lowered your stop loss, you mean you raised your stop loss? You mean you lowered it, right? SUPERVISOR RUSSELL: We lowered it. MS. GOLDSMITH: You lowered the amount they have to hit? SUPERVISOR RUSSELL: From 175 to the first 100. MS. GOLDSMITH: Yeah, well I was going to say that I hope you didn’t make it higher. I know that your premiums go up but if you have another year like this year, you should save yourself some money. The other thing I wanted to say is, I wanted to ask you about the recreation department. Are the people who do the classes there, are they like self-employed people or does the town pay them? SUPERVISOR RUSSELL: They actually, we pay them by collecting fees. Those programs generally earn the town about $100,000 cumulatively over the course of the year. We are certainly, with the new climate, going to look to maximize that even more. And offer more and maximize profit down there. But generally they get paid an instructors fee through the town and that instructors fee is paid back when we collect fees for participation. MS. GOLDSMITH: The last couple of years I haven’t worked outside the home, I guess you can say for the last two years and I have taken advantage of a great many of the programs and actually I used to be an instructor more than 20 years ago, I used to teach tennis. I don’t do that any longer but I did and Ken Reeves was there then and I think he does a really nice job in providing all kinds of different programs. Now I am taking advantage of some for the younger kids. But you know, I think he is doing a nice job. I spent some time there this winter and I think it is nice. And I wonder if the ceiling tiles are put up yet? SUPERVISOR RUSSELL: They should be shortly if they haven’t yet. I think they were doing that about a week ago. COUNCILMAN ORLANDO: We started painting it all, ripped off the paneling, painting th paneling or replacing paneling with sheetrock. The ceiling is going to start, I believe, the 9. January 6, 2009 Page 73 Minutes Southold Town Board Meeting MS. GOLDSMITH: Okay. I just wondered. It is certainly warm enough in there, I have to tell you. It is not, you know, we are not suffering from the cold, that is for sure. So it is… th COUNCILMAN ORLANDO: So the ceiling tiles and the lighting should be done on the 9 and they should be done in about a week. MS. GOLDSMITH: Some of the programs I had not been able to take advantage of years ago, I am able to now and I am finding that they are really, really nice programs and they are nice, it is a nice, inexpensive way to do it. And the other thing I wanted to say is while I agree with Mrs. Egan on a lot of things, I had the unfortunate chore of driving from here through Flanders and up to Massapequa right after the big snowstorm. I was never so happy to hit the Mattituck or the Southold Town line as I was at that time. I thought the Highway Department did a nice job. I really do. I didn’t find too much ice, even on the side roads, I thought they did a pretty nice job but maybe it is just in comparison to other places but I thought they did a very nice job. COUNCILMAN KRUPSKI: I got the same comment from a friend of mine who commuted to the east that day. They said when they hit the Southold Town line, what a pleasure. MS. GOLDSMITH: I mean, once in a while you will hit a road that is really icy or something but it happens. SUPERVISOR RUSSELL: Like every other event that takes place, I had phone calls to my office complimenting us for the job we did, I said thank you and then people calling and complaining about the job and we said, talk to Pete. So, you know, you bat .500, you are doing well. It is, honestly, I have to tell you in Cutchogue I didn’t see any problems. MS. GOLDSMITH: Okay. I just wanted to tell you. Usually I, you know, I tell you when I am complaining but I figure I might as well tell you the nice things that I notice as well. It is a new year. SUPERVISOR RUSSELL: Thank you. COUNCILMAN ORLANDO: Before you run, go look at the rec center, before it is completed and you will see the beginning and the end, the transition there. The DPW is doing a bang-up job in there, just like they did with this meeting hall right here. Some spackle and some paint goes a long way and they do a nice job. rd MS. GOLDSMITH: Well, the next time I know I am going to be there is January 23 but I will try to drop in before then. COUNCILMAN ORLANDO: Well, you will be pleasantly surprised then. MS. GOLDSMITH: Okay. Great, thank you. COUNCILMAN ORLANDO: And I can’t take all the credit for the playground out east, I’m a January 6, 2009 Page 74 Minutes Southold Town Board Meeting project manager but DPW put all that together, the (inaudible), the benches, they did a great job. MS. GOLDSMITH: Oh, that was one thing I do want to tell you, the infant swing, the rubber infant swing for little infants, is kind of falling apart. I guess it is due to, you know, using it a lot and the weather, so you may have to replace that. That is not a big thing, it is only a rubber little thing that goes on the chains. COUNCILMAN ORLANDO: As the Supervisor would say, come to me on the thank you’s on that and call Jim McMahon on that swing set. MS. GOLDSMITH: Actually, I am going to be calling Jim and I am hoping, I have an offer from someone who was an environmental major in college to try to see if we can put some walking trails through the rest of that property. Hopefully at no cost to the town and I think there won’t be but I will have to work with Jim on that. But again, thanks. It is really very nice to be able to go down there and spend a whole afternoon. Thank you. UNIDENTIFIED: Just a quick, really quick. I think they did a little too well on our streets because I had my cross country skis already to go. Has Southold Town looked at Suffolk County employees have their own health insurance and they are self-insured, have you looked at the cost and benefits in joining in Suffolk County with local…. SUPERVISOR RUSSELL: The county executive actually has, I think he is looking at a proposal now that would allow this mass consortium. Actually, (inaudible) the state doesn’t allow that. So they have some legal hurdles to cross before they can offer that out to the towns. We did look at the prospect of allowing, opening our program to volunteer firemen as a matter of current state law that was just recently passed. We haven’t done the math on that yet but I am reaching out to the commissioners to determine if there is even an interest in doing that. One of our problems is being such a small pool, risks can be high. But when you look at 19 years of coverage through self-insurance, we have saved on 18 of them versus Empire. UNIDENTIFIED: Well, I hope everybody stays healthy, I guess. The other thing is cablevision, any luck with channel 22? SUPERVISOR RUSSELL: Yes, we met with them today at the work session and have had luck, no? Have we made our position clear? I think, absolutely today it was a resounding success. They understand that they have an obligation to provide two government access channels to the community at no extra charge. If they don’t do that, we did raise the issue of litigation today and joining with other towns. TOWN CLERK NEVILLE: Excuse me, miss? May I have your name? UNIDENTIFIED: Inaudible. TOWN CLERK NEVILLE: Thank you. January 6, 2009 Page 75 Minutes Southold Town Board Meeting COUNCILMAN ORLANDO: The sledgehammer is back. BENJA SCHWARTZ: Benja Schwartz. I was there this morning, I think I was the only one in the audience when the representative from Cablevision came and I think you made your position clear, the town’s position. I don’t think Cablevision heard you, or us. So if anybody has the time and they want to contact Cablevision and maybe tell them it is not all about money. You know? Just two quick questions, if I may Supervisor Russell? Remember we were speaking this morning, various things about the agenda for the meetings, trying to get them available in a timely fashion. Have you thought about that? Next meeting agenda for the next…. SUPERVISOR RUSSELL: The agenda I put out is generally a cut and paste by what is submitted to me in advance and I try to have it out by Friday which would be previous to the Tuesday’s meeting. I will make an earlier request to all people, all parties that submit to me, that would be the Planning Board, Heather or the attorneys. They submit the work products that are ready to be worked on and act on by the Town Board to me and then I put it together as an agenda. I will certainly ask them earlier, I have to tell you, if history is a guide, people wait until the very last minute before they give me anything. It is just the nature of it. But I certainly will try. MR. SCHWARTZ: I know you do the final… COUNCILMAN WICKHAM: Inaudible. Friday we have accepted and Friday has been the date and Friday, unless there is a change…. SUPERVISOR RUSSELL: We might have missed a Friday deadline a couple of times but we generally shoot for Friday and have it distributed by then. MR. SCHWARTZ: I guess this week was kind of hectic. The other question is, the agenda for the next work session. Someone mentioned maybe putting, the possibility of reviewing the current town website on the agenda. SUPERVISOR RUSSELL: Yes, that was… MR. SCHWARTZ: Is that acceptable to you? SUPERVISOR RUSSELL: Yes, absolutely. MR. SCHWARTZ: And if you wish, I would like to be present. SUPERVISOR RUSSELL: I have a feeling you would be here anyway but I will make sure you are heard. MR. SCHWARTZ: Thank you. SUPERVISOR RUSSELL: Okay. January 6, 2009 Page 76 Minutes Southold Town Board Meeting TOWN CLERK NEVILLE: I would like to comment on something, a suggestion that you made this morning, Benja, about emailing FOIL requests. I would like to tell you that any FOIL requests that are sent in to me, my office, I reply. By email I reply to them, they get their documents back by email. It is quicker, it is more efficient. It is the way I do it. COUNCILMAN WICKHAM: What is the charge? TOWN CLERK NEVILLE: There is no charge. MR. SCHWARTZ: Thank you. TOWN CLERK NEVILLE: Quicker for me to do it that way. Zip it, get it done, over and move on. Rather than have employees stand there and make copies and send a letter and go back and forth. MR. SCHWARTZ: Thank you very much. Good to hear. TOWN CLERK NEVILLE: Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? VIC NEESE: Vic Neese, East Marion. Can you tell us the status of the bus shelter in East Marion? SUPERVISOR RUSSELL: The bus shelter, we don’t have a location for a bus shelter, unless we have worked out the issues with the fire department. I am not sure. I would have to refer that to the Transportation Commission. MR. NEESE: Can somebody please look into it? SUPERVISOR RUSSELL: I sure will. MR. NEESE: If it is a problem between the fire district and the town, it should be brought to light what the problems are. SUPERVISOR RUSSELL: Absolutely. I will certainly look into it. MR. NEESE: Thank you very much. MS. GOLDSMITH: Am I to understand that the bus shelter is supposed to be located on the west side of the fire department? SUPERVISOR RUSSELL: The recommendation was actually to move it which would be east of Angel’s and then I think we had a concern because the pedestrian traffic at Angel’s would have to walk too far away. I don’t, you know, to be frank it was about 18 months ago we dealt January 6, 2009 Page 77 Minutes Southold Town Board Meeting with this issue and the hamlet stakeholders recommended locating it on the, which would be probably the easterly side of their property but certainly, I am sorry, easterly of Angel’s but westerly on their side. And I understand that they were receptive to that but for some reason there was a lot of opposition like anything that gets proposed in East Marion. It never went anywhere. MS. GOLDSMITH: Well, I can tell you that if you are located on the, there is Angel’s, the post office and then the fire department. If you locate it on the west side of the fire department what you have it two driveways going into the fire department… SUPERVISOR RUSSELL: Right. MS. GOLDSMITH: It is municipal parking, you have the post office traffic, you have the Bay Avenue traffic coming out of that road which would directly go into the, that is directly in the path, you know, if you go straight out of Bay Avenue…. SUPERVISOR RUSSELL: Right. MS. GOLDSMITH: You will hit, you will go into the bus shelter if you put it there and then you have the traffic coming from the ferry. So what you will have is you will have traffic, if and when there is a rescue or a fire, you will have traffic coming in and out of Bay Avenue or you will have traffic coming from the ferry back both ways and you will have post office traffic. SUPERVISOR RUSSELL: Where would you recommend to go? MS. GOLDSMITH: No place. But actually, the only place I can even think of is the end of Rocky Point Road but that is private property, I believe. And I know that is probably too far. But do we need a bus shelter? COUNCILMAN KRUPSKI: Why don’t we refer this to the Transportation Committee? MS. GOLDSMITH: I am not even sure you need a bus shelter and I don’t think the park is the appropriate place because you know, there is… SUPERVISOR RUSSELL: Well, we had actually approached the school on that and the answer was no also. MS. GOLDSMITH: I know. I do remember that. I was still on the Board at that time. But it is just, it is a real traffic jam there, especially at post office time, you have an ingress and egress to the municipal parking lot on the west side and you have, yeah, an egress on the east side and like I said, you have the ferry traffic and you still have people making their u-turns in front of the fire department. And you do have the Bay Avenue traffic in and out. So you, you know, you may want to consider that because if a bus is sitting there, what will happen is the traffic from the ferry will go around the bus and inevitably there will be somebody going into the parking lot from the post office. So. January 6, 2009 Page 78 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Anything that gets located there would require a sign off from the Department of State because of the state highway. MS. GOLDSMITH: Okay. SUPERVISOR RUSSELL: But I will certainly follow up on the status. MS. GOLDSMITH: I mean, a little further west, but that is private property as well, might not be so bad. Even at the corner of um, no, you know, even a little further east but that is probably private property as well. Rocky Point Road. COUNCILMAN ORLANDO: Where does the S-92 stop now out there? MS. GOLDSMITH: Stops maybe just a little bit west of Angel’s store. That is… COUNCILMAN ORLANDO: West of the fire department there? MS. GOLDSMITH: No. Yes, it is west of the fire department. Probably 100 feet, maybe 200 feet west of the fire department. SUPERVISOR RUSSELL: I will bring the issues to the Transportation Commission and find out the status. MS. GOLDSMITH: Thank you. MR. NEESE: One quick thing. When does the Transportation Commission meet? Do they have regular meetings and are there minutes? COUNCILMAN WICKHAM: On Monday’s at 10:00 once a month. But I was just looking today and I didn’t see their schedule for January. MR. NEESE: Thank you very much. SUPERVISOR RUSSELL: I would ask you to contact Ruthanne in my office and she will contact their chairman, Neb Braschich and get that information for you. Anybody else? (No response) Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * * January 6, 2009 Page 79 Minutes Southold Town Board Meeting Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Scott Russell, Supervisor SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell