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Home My WebLink AboutTB-01/29/2008 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES January 29, 2008 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, January 29, 2008 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on January 29, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived William Ruland Town of Southold Councilman Present Vincent Orlando Town of Southold Councilman Present Albert Krupski Jr. Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Absent Elizabeth A. Neville Town of Southold Town Clerk Present Kieran Corcoran Town of Southold Assistant Town Attorney Present I. Reports 1. Town Clerk 2007 Year End Report 2. Recreation Center Monthly Report December 2007 3. Judge Price December 2007 Page 1 January 29, 2008 Minutes Southold Town Board Board Meeting II. Public Notices 1. NYSDEC Notice of Complete Application Shillo Property 2. Renewal with NYS Liquor Authority Baiting Hollow Farm Vineyard, LLC, 35 Cox Rd., Mattituck - renewal of winery license Orient by the Sea Marina (MGH Enterprises), Main Rd., Orient - renwal of summer liquor license East End Vineyards, LLC, d/b/a Clovis Point, 35 Cox Neck Rd., Mattituck - renwal of special farm winery license R J Heaney Inc. d/b/a Skippers Restaurant, 4545 Route 25, Greenport - renewal of liquor license Cliff's Elbow Room Inc., Cliff's Elbow Too!, 1085 Franklinville Rd., Laurel - renewal of liquor license III. Communications IV. Discussion 1. 9:00 A.M. - Kieran Corcoran & Phillip Beltz Workforce Violence Prevention Plan & Building Use Policy 2. 9:30 A.M. - Heather Lanza & Mark Terry Planning Board EPF Grant Update & Match Request 3. Dredge Committee Councilman Krupski 4. Channel Markers Councilman Krupski 5. Proposed Tax Reduction for 1St Time Buyers (Re-Visit) 6. Seaview Bicycle Trails Maps 7. 12:30 PM - Executive Session - Tim Caufield & Stephen Searl Property Acquisition 8. Executive Session Discpline of Employee Page 2 January 29, 2008 Minutes Southold Town Board Board Meeting 9. Home Rule Requests 1. To create the Peconic Bay regional transportation council 2. Require any local law or amendment to a local law relating to the Peconic Bay community preservation funds shall be subject to a mandatory referendum 3. Amend the tax law, in relation to the enforcement of the tax on real estate transfers in the Peconic Bay region and authorizing said towns to enter into cooperative agreements with the department of taxation and finance for the enforcement of said tax. 4. To permit towns and villages in the Peconic Bay region to assess special development fees in connection with the issuance of building permits Opening Statements Councilman Krupski COUNCILMAN KRUPSKI: Can we all rise for the Pledge of Allegiance to the Flag? An explanation before we start the meeting tonight, the Supervisor can’t be here tonight. In fact, because of a death in the family, he is out of town, he is actually out of state, so that is why he is not here tonight. And our thoughts and our prayers are with him in that unfortunate circumstance. At the beginning of each meeting, there is an opportunity for anyone who would like to comment on any agenda item, so if anyone has any questions on anything that is coming up on the agenda tonight, any of the resolutions, please feel free to come to the microphone. And if there is no comment on any of the agenda items, we will start with the resolutions. Justice Evans JUSTICE EVANS: I have a question? COUNCILMAN KRUPSKI: Sure. JUSTICE EVANS: Are the scouts here just to observe for a government section of…? Scout LeaderSteve Husak STEVE HUSAK: They are working on Citizenship in the Community merit badge, part of the merit badge requirement is to attend a Town Board meeting. JUSTICE EVANS: Do they have to stay for the whole thing? I mean, they are certainly welcome to, I don’t know if they are going to want to. Councilman Krupski COUNCILMAN KRUPSKI: I think they picked a good night. V. Resolutions 2008-115 CATEGORY: Audit DEPARTMENT: Town Clerk Page 3 January 29, 2008 Minutes Southold Town Board Board Meeting Approve Audit 1/29/08 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby January 29, 2008. ? Vote Record - Resolution RES-2008-115 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-116 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Board Meeting 2/12/08 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, February 12, 2008 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2008-116 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-117 CATEGORY: Authorize to Bid DEPARTMENT: Public Works DPW Vehicle RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for a new 2007 Sports Utility Vehicle, for use by the Department of Public Works. Page 4 January 29, 2008 Minutes Southold Town Board Board Meeting ? Vote Record - Resolution RES-2008-117 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-118 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Contract Between the Town of Southold Police Department and PropertyRoom.Com, Inc. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Contract between the Town of Southold Police Department and PropertyRoom.com, Inc. regarding online auctioning services for a period of one year commencing on January 1, 2008, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-118 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-119 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Public Safety Dispatcher I Donna L. Klug to Attend Advanced Emergency Medical Dispatcher Training RESOLVED grants permission to Public that the Town Board of the Town of Southold hereby Safety Dispatcher I Donna L. Klug to attend an Advanced EMD (Emergency Medical Dispatch) training at Suffolk County Fire Rescue, Yaphank, NY commencing on Monday, Page 5 January 29, 2008 Minutes Southold Town Board Board Meeting February 11 through Wednesday February 13, 2008. All expenses for registration and travel to be a legal charge to the 2008 Public Safety Communications budget line A.3020.2.200.700. ? Vote Record - Resolution RES-2008-119 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-120 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Capital Budget for PC’s, Printers, Laptops RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2008 Capital Budget : Capital Project Name: PC’s, printers, laptops Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.35 Interfund Transfers $20,200 Appropriations: H.1680.2.600.100 Data Processing Capital Outlay Workstations and Printers $20,200 ? Vote Record - Resolution RES-2008-120 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-121 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Page 6 January 29, 2008 Minutes Southold Town Board Board Meeting Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and Erika Nadeau RESOLVEDauthorizes 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 Erika Nadeau for court reporting services for the Zoning Board of Appeals of the Town of Southold, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-121 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-122 CATEGORY: Employment - Town DEPARTMENT: Police Dept Advertise for Traffic Control Officers for the 2008 Season RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for two (2) weeks for Traffic Control Officers for the 2008 summer season at the hourly wage of $14.67 per hour. Applications must be received by Monday, March 3, 2008. ? Vote Record - Resolution RES-2008-122 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-123 CATEGORY: Employment - Town DEPARTMENT: Police Dept Advertise for Seasonal Police Officers Page 7 January 29, 2008 Minutes Southold Town Board Board Meeting RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for two (2) weeks for Seasonal Police Officers for the 2009 summer season. Attendance at the Suffolk County Police Academy for training to commence in the fall of 2008. Applications must be received by Monday, March 3, 2008. ? Vote Record - Resolution RES-2008-123 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-125 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Road End Restoration Capital Project RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2008 Capital Budget: Capital Project Name: Bay Ave. Road Restoration Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.50 Interfund Transfers $7,500 Appropriations: H.1490.2.600.100 Public Works Capital Outlay Road End Restorations $7,500 ? Vote Record - Resolution RES-2008-125 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded Page 8 January 29, 2008 Minutes Southold Town Board Board Meeting 2008-126 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Resignation of Elizabeth Simcik RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby _Elizabeth Simcik from the position of Home Health Aide in the Human Resource Department , effective January 22, 2008. ? Vote Record - Resolution RES-2008-126 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-127 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Agreement with BNB for Merchant Services RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Merchant Services agreement with Bridgehampton National Bank in connection with credit card processing, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-127 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-128 CATEGORY: Authorize to Bid DEPARTMENT: Highway Department Page 9 January 29, 2008 Minutes Southold Town Board Board Meeting Advertise for Dump Truck Highway RESOLVED: authorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for one new (1) 2007 or 2008 Diesel-powered Tri-axle Dump Truck, or equal, for use by the Southold Town Highway Department in Newsday on Thursday, January 31, 2008. All as per bond resolution adopted on January 15, 2008. Line Item H.5130.2.300.500. ? Vote Record - Resolution RES-2008-128 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-129 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Sand Bid 2008 RESOLVEDaccepts the that the Town Board of the Town of Southold hereby bid of East Coast Mines in the amount of $14.25 per cubic yard, for supplying Bulk Sand for Ice Control and Highway Maintenance to the Highway Department for the 2008 calendar year, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2008-129 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-130 CATEGORY: Grants Page 10 January 29, 2008 Minutes Southold Town Board Board Meeting DEPARTMENT: Planning Board Grant Appl NYSEPF RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign a grant application for the New York State Environmental Protection Fund - Local Waterfront Revitalization Program Year 2007- 2008 for the implementation of the Hashamomuck Pond Watershed Management Plan with Town matching funds not to exceed $336,000.00. ? Vote Record - Resolution RES-2008-130 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-131 CATEGORY: Grants DEPARTMENT: Planning Board Grant Appl NYSEPF $335,250.00 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign a grant application for the New York State Environmental Protection Fund - Local Waterfront Revitalization Program Year 2007- 2008 for Implementing and Advancing the Town of Southold Local Waterfront Revitalization Program through the Implementation of the Town of Southold Hamlet Studywith Town matching funds not to exceed $335,250.00. ? Vote Record - Resolution RES-2008-131 ? 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 Page 11 January 29, 2008 Minutes Southold Town Board Board Meeting 2008-132 CATEGORY: Grants DEPARTMENT: Planning Board Grant Appli NYSEPF $65,000.00 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign a grant application for the New York State Environmental Protection Fund - Local Waterfront Revitalization Program Year 2007- 2008 for Great Pond Watershed Management Plan with Town matching funds not to exceed $65,000.00 of which $56,000.00 will be satisfied with the past land acquisition of a parcel known as “the Harper parcel” SCTM# 1000-59.-1-20.1. ? Vote Record - Resolution RES-2008-132 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-133 CATEGORY: Employment - Town DEPARTMENT: Solid Waste Management District Scale Operator Resignation RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Jeffrey Boyle from the position of Scale Operator with the Solid Waste District , effective January 23, 2008. ? Vote Record - Resolution RES-2008-133 ? 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 Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded Page 12 January 29, 2008 Minutes Southold Town Board Board Meeting 2008-134 CATEGORY: Refund DEPARTMENT: Solid Waste Management District Credit Refund RESOLVEDauthorizes a refund in the that the Town Board of The Town of Southold amount of $85.20 to Island’s End Landscaping for overpayment on their tip fee account with the Solid Waste Management District. ? Vote Record - Resolution RES-2008-134 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-135 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway RESOLVEDmodifies the 2007 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows : To: DB.5110.1.100.300 General Repairs Personal Services Full Time Employees Vacation Earnings $ 6,375.53 DB.5110.1.100.400 General Repairs Personal Services Full Time Employees Sick Earnings $17,213.93 DB.5110.4.100.200 Generals Repairs Contractual Expenses Supplies & Materials Page 13 January 29, 2008 Minutes Southold Town Board Board Meeting Fuel/Lubricants $ 1,261.37 DB.5110.4.100.920 General Repairs Contractual Expense Supplies & Materials Sand $ 5,906.80 DB.5130.1.100.300 Machinery Personal Services Full Time Employees Vacation Earnings $ 9,446.77 DB.5130.1.100.400 Machinery Personal Services Full Time Employees Sick Earnings $23,791.87 DB.5130.4.100.500 Machinery Contractual Expense Supplies & Materials Parts & Materials $ 600.00 DB.5142.4.100.975 Snow Removal Contractual Expense Supplies & Materials Plow Blades, Shoes, Wheels $ 1,975.00 Total $66,571.27 From: DB.5110.1.100.100 General Repairs Personal Services Full Time Employees Regular Earnings $23,589.46 DB.5110.4.100.975 General Repairs Contractual Expense Supplies & Materials Steel $ 1,261.37 DB.5130.1.100.100 Machinery Personal Services Full Time Employees Regular Earnings $23,791.87 DB.5130.1.100.200 Machinery Page 14 January 29, 2008 Minutes Southold Town Board Board Meeting Personal Services Full Time Employees Overtime Earnings $ 9,446.77 DB.5130.4.400.650 Machinery Contractual Expense Contracted Services Maintenance & Repairs $ 600.00 DB.5110.4.100.100 General Repairs Contractual Expense Supplies & Materials Miscellaneous Supplies $ 1.60 DB.5142.4.100.920 Snow Removal Contractual Services Supplies & Materials Sand $ 5,905.20 DB.5142.2.400.200 Snow Removal Equipment Industrial Equipment Snow Equipment $1,975.00 Total $66,571.27 ? Vote Record - Resolution RES-2008-135 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-136 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with Network Adjusters Incorporated RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with Network Adjusters Incorporated to manage the Town’s self-insurance program for all motor vehicles/no fault, general Page 15 January 29, 2008 Minutes Southold Town Board Board Meeting liability and professional liability claims , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-136 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-137 CATEGORY: Advertise DEPARTMENT: Police Dept Authorize and Direct the Town Clerk to Advertise Surplus Property Available on Www.Propertybureau.Com RESOLVED authorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise that the Police Department will have surplus property available for bid at www.propertybureau.com <http://www.propertybureau.com> (an online auction site) for the period commencing January 1, 2008 through December 31, 2008 in the local newspaper for two (2) consecutive weeks. ? Vote Record - Resolution RES-2008-137 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-138 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway RESOLVEDmodifies the 2008 Highway that the Town Board of the Town of Southold hereby Page 16 January 29, 2008 Minutes Southold Town Board Board Meeting Fund Part Town budget as follows : To: DB.5130.2.500.300 Machinery Equipment & Capital Outlay Other Equipment Contractor Equipment $ 24,995.00 From: DB.5130.2.300.100 Machinery Equipment & Capital Outlay Motor Vehicles Light Duty Vehicles $ 24,995.00 ? Vote Record - Resolution RES-2008-138 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-139 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Amends Resolution 2007-878 RESOLVEDamends resolution 2007- that the Town Board of the Town of Southold hereby 878 as follows: RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with Hart Roofing, 1123 Jericho Turnpike, Commack, New York , in connection with improvements to the Southold Recreation $254,000.00 Center in the amount of $146,000.00 , in accordance with the plans and specifications prepared by L.K. McLean Associates, P.C., subject to the approval of the Town Attorney. Page 17 January 29, 2008 Minutes Southold Town Board Board Meeting ? Vote Record - Resolution RES-2008-139 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-140 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with Cornell Cooperative Extension RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with Cornell Cooperative Extension in connection with the Southold Town Trustees’ Documentary, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-140 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-141 CATEGORY: Attend Seminar DEPARTMENT: Solid Waste Management District Solid Waste Conferences RESOLVED grants permission to Solid that the Town Board of the Town of Southold hereby Waste Coordinator Bunchuck to attend a joint meeting of the Boards of the Federation of New York State Solid Waste Associations, of which Mr. Bunchuck and the Town of Southold are members, on February 13, 2008 in Albany, NY; and to attend the Federation’s Annual Conference and Trade Show on May 4 – 7, 2008 in Bolton Landing, Page 18 January 29, 2008 Minutes Southold Town Board Board Meeting NY. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2008 Solid Waste Management District budget (meetings and seminars). ? Vote Record - Resolution RES-2008-141 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-142 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Execute the Grant of Agricultural, Scenic, and Conservation Easement and All Other Necessary Documents to Effectuate Same RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to execute the Grant of Agricultural, Scenic, and Conservation Easement and all other necessary documents to effectuate same , in connection with the Standard Subdivision of Barry Savits at Peconic, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-142 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-143 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Services Agreement Between the Town of Southold and HTE VAR, LLC RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Services Agreement between the Town of Page 19 January 29, 2008 Minutes Southold Town Board Board Meeting Southold and HTE VAR, LLC in connection with upgrading three server operating systems for Town Hall and the Police Department, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-143 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-144 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Final SWMD 2007 Budget Mods RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: (SR 8160.1.100.100) Full-time Emplyees, Regular Earnings $11,497.94 (SR 9730.7.000.000) B.A.N. Interest 13,791.18 To: (SR 8160.1.100.200) Full-time Employees, Overtime Earnings $ 9,115.12 (SR 8160.1.100.500) Full-time Employees, Holiday Pay 2,382.82 (SR 8160.2.200.500) Misc. Office Equipment 18.49 (SR 8160.4.100.150) Scalehouse Paper/Supplies 345.92 (SR 8160.4.100.200) Diesel Fuel 10,128.44 (SR 8160.4.100.250) Heating Fuel 1,731.99 (SR 8160.4.100.550) Maintenance – Komatsu PayLoader 459.90 (SR 8160.4.100.590) Maintenance – Mack Tractor .77 (SR 8160.4.100.596) Maintenance – CBI Grinder 724.13 (SR 8160.4.100.609) RCA Blend 107.00 (SR 8160.4.200.200) Light & Power 186.36 (SR 8160.4.400.610) Vending Machine Maintenance 88.18 Page 20 January 29, 2008 Minutes Southold Town Board Board Meeting ? Vote Record - Resolution RES-2008-144 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-145 CATEGORY: Grants DEPARTMENT: Town Clerk LGRMIF 2008-2009 Grant for Records Management RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Active Records grant application, in the amount of $18,000.00 to the New York State Education DepartmentNew York State Archives and , Records Administration, under the 2008-2009 (LGRMIF) Local Government Records Management Improvement Fund grant program, for the purpose of hiring a consultant to perform a needs assessment for a (ECMS) Electronic Content Management System. ? Vote Record - Resolution RES-2008-145 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-146 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Letter Agreement W/East Marion Fire District RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to send a letter agreement to the East Marion Fire District, whereby the Town will store phragmites on Fire District property to “de-water”, in no event later than April 1, 2008, and the Town will restore the area to the condition as it existed prior to said Page 21 January 29, 2008 Minutes Southold Town Board Board Meeting storage of phragmites. ? Vote Record - Resolution RES-2008-146 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-147 CATEGORY: Policies DEPARTMENT: Town Attorney TOS Workforce Violence Prevention Plan WHEREAS , the Town of Southold employs over 200 employees and is one of the largest employers in the Town; and WHEREAS , the Town of Southold is committed to protecting and enhancing the safety of all its employees; and WHEREAS , as an employer of many employees, it is the goal of the Town to provide a workplace environment that reduces and/or minimizes all incidents associated with violence in the workplace; and WHEREAS , the Town of Southold intends to accomplish these goals through the implementation of prevention and remediation systems, to further protect employees who work for the Town of Southold; BE IT RESOLVEDrecognizes the importance of that the Town of Southold hereby preventing and addressing violence in the workplace and adopts the 2008 Town of Southold Workforce Violence Prevention Plan . Page 22 January 29, 2008 Minutes Southold Town Board Board Meeting ? Vote Record - Resolution RES-2008-147 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-148 CATEGORY: Policies DEPARTMENT: Town Attorney TOS Building Utilization Policy RESOLVEDadopts the 2008 Town of that the Town Board of the Town of Southold hereby Southold Building Utilization Policy relating to community requests for the use of Town facilities . ? Vote Record - Resolution RES-2008-148 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-149 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Cell Tower Moratorium Extension Type II RESOLVED finds that the adoption of that the Town Board of the Town of Southold hereby the local law, extending the moratorium, entitled “Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, is not subject to review under SEQRA, and is exempt Page 23 January 29, 2008 Minutes Southold Town Board Board Meeting from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record - Resolution RES-2008-149 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-150 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL - Moratorium Extension Cell Towers WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “Temporary County, New York, on the 2nd day of January, 2008, a Local Law entitled, Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “Temporary Moratorium on the Processing, Review of, and making Local Law entitled, Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold ” reads as follows: LOCAL LAW NO. _1 of 2008 Temporary Moratorium on the Processing, Review of, and making A Local Law entitled, “ Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold ”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board Page 24 January 29, 2008 Minutes Southold Town Board Board Meeting believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town’s other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town’s historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. On July 31, 2007, the Town of Southold adopted a 180-day moratorium on all new wireless communication facilities. The Town Board intended to use the time to formulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants who has started work, but has indicated a report and recommendations will not be provided prior to March 3, 2008. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days beyond the original expiration period. This will provide the Town adequate time to examine the consultant recommendations, and draft and adopt necessary code amendments. II. A new Article XXX of Chapter 280 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE XXX Moratorium §280-165. Enactment of Temporary Moratorium. For a period of One Hundred Eighty (180) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the One Hundred Eighty (180) Day period: 1) The Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally- enacted time periods for processing and making decisions on all aspects of said Page 25 January 29, 2008 Minutes Southold Town Board Board Meeting site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-b and Chapter 280 of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 3) The Building Inspector shall not accept for review, continue review or make any determination upon any application for a building permit proposing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a, Chapter 280 and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing and the rendering of determinations. The statutory and locally- enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. §280-166. Application. This Local Law shall apply to ALL [new or pending] applications for site plans or special exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town of Southold. §280-167. Exclusions. This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this Local Law. 2) Applications for co-location of wireless telecommunication facilities inside a permitted tower, with no component parts visible from the exterior. §280-168. Conflict with State Statutes and Authority to Supersede. Page 26 January 29, 2008 Minutes Southold Town Board Board Meeting To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town’s municipal home rule powers, pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3); §10(1)(ii)(a)(14) and §22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §274-a, §274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. §280-169. Appeal Procedures. a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Page 27 January 29, 2008 Minutes Southold Town Board Board Meeting IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-150 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded VI. Public Hearings Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans ABSENT: Scott Russell 1. Set PH for Cell Tower Moratorium 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 2nd day of January, “Temporary Moratorium on the Processing, Review of, and 2008, a Local Law entitled, making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold” and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, th 29 day of January, 2008, at 7:35 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. “Temporary Moratorium on the Processing, Review of, The proposed Local Law entitled, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold ” reads as follows: LOCAL LAW NO. _ __ of 2007 Page 28 January 29, 2008 Minutes Southold Town Board Board Meeting Temporary Moratorium on the Processing, Review of, and making A Local Law entitled, “ Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold ”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town’s other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town’s historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. On July 31, 2007, the Town of Southold adopted a 180-day moratorium on all new wireless communication facilities. The Town Board intended to use the time to formulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants who has started work, but has indicated a report and recommendations will not be provided prior to March 3, 2008. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days beyond the original expiration period. This will provide the Town adequate time to examine the consultant recommendations, and draft and adopt necessary code amendments. II. A new Article XXX of Chapter 280 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE XXX Moratorium §280-165. Enactment of Temporary Moratorium. For a period of One Hundred Eighty (180) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the One Hundred Eighty (180) Day period: Page 29 January 29, 2008 Minutes Southold Town Board Board Meeting 1) The Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally- enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-b and Chapter 280 of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 3) The Building Inspector shall not accept for review, continue review or make any determination upon any application for a building permit proposing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a, Chapter 280 and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing and the rendering of determinations. The statutory and locally- enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. §280-166. Application. This Local Law shall apply to ALL [new or pending] applications for site plans or special exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town of Southold. §280-167. Exclusions. Page 30 January 29, 2008 Minutes Southold Town Board Board Meeting This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this Local Law. 2) Applications for co-location of wireless telecommunication facilities inside a permitted tower, with no component parts visible from the exterior. §280-168. Conflict with State Statutes and Authority to Supersede. To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town’s municipal home rule powers, pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3); §10(1)(ii)(a)(14) and §22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §274-a, §274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. §280-169. Appeal Procedures. a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to Page 31 January 29, 2008 Minutes Southold Town Board Board Meeting make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. COUNCILMAN WICKHAM: I might add that this is an extension of, this proposal to propose to extend what is already on the books as a current moratorium. And the enactment would add an additional six month period or 180 days. I have an affidavit of town posting outside on the Town Clerk’s bulletin board and it has appeared, I am sure, as a legal in the newspaper and I will probably find that in a minute. There is the legal that has appeared in the local newspaper on the th 24 of January. I have a memorandum from the Town of Southold Planning Board, Jerilyn Woodhouse Planning Board Chair, dated January 23. ‘Thank you for your request for comments from the Planning Board regarding the proposed extension of the wireless communications facility moratorium. We support the extension of the moratorium, to allow the Town adequate time to prepare and plan for facilities that are compatible with the character of Southold. The Town has been working steadily towards completing a wireless communications plan. To that end, the Town Planning Director has been in regular contact with the communication consultant hired to do the work. He is reviewing the code relative to wireless facilities and has been gathering the necessary information. He will also be providing valuable tools and information the Planning Board will be able to use to help plan and site future wireless facilities. Thank you very much.’ I have a note from the Suffolk County Department of Planning. ‘Dear Mrs. Neville, Pursuant to the requirements of the Suffolk County Administrative Code, this application which has been submitted to the County Planning Commission is considered to be a matter of local determination as there is no apparent significant countywide or inter-community impact. The decision of local determination should not be construed as either an approval or a disapproval.’ And those are the only salient comments in the file on tonight’s public hearing. COUNCILMAN KRUPSKI: Thank you. Before we ask for comment, there is just a little explanation why we needed the extension. This Town Board passed the moratorium last July, it was a moratorium for six months. The Planning Director found a consultant that could give us the information that we needed, however the consultant’s report couldn’t be ready until March; just really weeks after the moratorium ran out, which is the reason for the extension. So if anyone would like to make any comments on the proposed extension, please come up to the microphone and identify yourself. (No response) Do I have a motion to close the hearing? RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman Page 32 January 29, 2008 Minutes Southold Town Board Board Meeting SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans ABSENT: Scott Russell VII. Closing Statements Councilman Krupski COUNCILMAN KRUPSKI: Okay. That ends the regular meeting. If there is anyone that would like to address the Town Board on any issue, please come up to the microphone and identify yourself. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. How are you? Just trying to find out what is going on with the, sorry, I am Benja from Cutchogue. Are we required to have two names? COUNCILMAN WICKHAM: Not in Indonesia. MR. SCHWARTZ: Thank god. This memorandum that, I was at the meeting when that was presented to the Town Board and then it was said that it was going to be brought up in two weeks, it has been over two months. They were going to talk to the developer, I don’t know how long that takes to talk to a developer. COUNCILMAN WICKHAM: Is this in connection with the Heritage project? MR. SCHWARTZ: Well, the proposed moratorium on, let me get this right, on residential land site plans, not subdivisions. At the meeting last week, Scott pointed out as Jeri Woodhouse pointed out at a meeting, that the Town has never enacted residential land site plan regulations. We have subdivision regulations but we don’t have any site plan regulations and yet we are processing site plan applications. So as Scott called it, a gaping whole in our laws. COUNCILMAN WICKHAM: I think that is incorrect. We do have on the books regulations and code language governing residential site plans. MR. SCHWARTZ: But it hasn’t been updated as the subdivision regulations. COUNCILMAN WICKHAM: It was updated just recently. I, as one Board member, feel that there is more work that we could do to do further work on it but it was upgraded just recently. COUNCILMAN KRUPSKI: We actually had the discussion this morning and the proposal was to apply for a grant. One of the items covered in the grant was to update, again, the residential site plan. We, I think the decision was made to separate that out from the grant, that this work should be done anyway and not necessarily as part of that grant. MR. SCHWARTZ: So, it has been two months, this was, the previous Board was going to get back… Page 33 January 29, 2008 Minutes Southold Town Board Board Meeting COUNCILMAN WICKHAM: I think you are referring to the decision of the Board to seek a reduction in the density of that property… MR. SCHWARTZ: You are not familiar with this memorandum from the Planning director? COUNCILMAN WICKHAM: I can’t see it from here. COUNCILMAN ORLANDO: Is that the one stating they want to do a moratorium on site plans? MR. SCHWARTZ: They suggest either a six month moratorium to write some new or revise the residential site plan regulations. Or perhaps a year moratorium to do that and also review some other material, including the town comprehensive plan, which hasn’t been updated in 20 years. COUNCILMAN KRUPSKI: I think all our options are still on the table on this matter and we did have a discussion today in Executive Session which we can’t divulge the details about the legal ramifications of different actions that the Board could take and, so this is, you know, you don’t see any visible signs of activity but that doesn’t mean that we are not still engaged in this. MR. SCHWARTZ: Well, would you like to take a copy of the article in the Times (inaudible). COUNCILMAN KRUPSKI: Thank you. MR. SCHWARTZ: Thank you very much. COUNCILMAN KRUPSKI: Thank you. Would anyone else like to comment? Roberta Lee, Cutchogue ROBERTA LEE: Good evening, members of the Board and esteemed citizens of Southold Town. This afternoon, oh, my name is Roberta Lee and I live in Cutchogue. This afternoon several members of a group of us called Cutchogue Group who are concerned about the huge, huge condominium, for want of a better word, moving in right behind the, opposite the post office in Cutchogue. It is our understanding that Southold Town Channel 22, may be available to show our programs. Can we do that and if so, how? Before I ask you anything more or further, I would like to tell you that we filmed an hour program today on cablevision that is going to appear Thursday evening at 9:30. It is going to present our point of view. Called the Group for Cutchogue and it is hosted by Jay Throne. I am sure you are all familiar with this person. We do want to keep this an open and democratic society, so people who are of any point of view; with ours or opposite to ours, we would like to give them the equal opportunity to present themselves at the cablevision in Riverhead, to call beforehand and make arrangements to see when an opportunity would present itself for people to have this dialogue. We feel that this is very important. We are still moving forward, the Cutchogue group. On this Friday, at 7:30 PM we expect to be at Cutchogue East elementary school on Route 25, a few doors east of the light at Cox’s Lane and we hope all of you come to listen, hear, make up your own ideas. Contribute your ideas and suggestions, your agreements and disagreements about this enormous, enormous change that is going to affect our community very greatly unless everybody gets on board and thinks seriously about how this will affect us all, pro or con. Thank you very much for Page 34 January 29, 2008 Minutes Southold Town Board Board Meeting your attention. COUNCILMAN KRUPSKI: Thank you. Would you like an answer to your question about the availability of putting it on the town’s station? MS. LEE: Agenda? COUNCILMAN KRUPSKI: No, the station. Did you ask if it could be put on the town’s station? MS. LEE: Yes, I did ask that. I didn’t know. I didn’t push you for it because I didn’t know whether you had to ask counsel or somebody about that. COUNCILMAN KRUPSKI: We have a policy on that, don’t we? Kieran, do you know? ASSISTANT TOWN ATTORNEY CORCORAN: I will have to look it up. There are regulations about what we can put on it, it is a government and education channel. But usually governmentally affiliated programs but this Board ultimately will make the decision as to what… MS. LEE: I am sorry, sir, I can’t hear you. ASSISTANT TOWN ATTORNEY CORCORAN: I apologize. There are regs that we are going to need to follow, so I will have to go back and take a look at them and advise the Board on them. This Board does decide ultimately what goes on that channel. They are usually government, municipally sponsored programs. But you know, this Board is the gatekeeper to what it wants to allow on the channel, so you know, they can decide. COUNCILMAN WICKHAM: I think I have no problem, personally. I think if it came to a decision of seeing that stuff on the… MS. LEE: Sorry, Tom. I can’t hear you. COUNCILMAN WICKHAM: As one Board member, I have no problem, as a gatekeeper in seeing that that material is carried on… MS. LEE: Can you define for me, this is a new term for me, gatekeeper. COUNCILMAN WICKHAM: It is what, from the Town Attorney said, a decision as to outside material that is carried on this cable. It is a decision that is supposed to be made by us, as a Board. MS. LEE: Okay, so are gatekeepers… COUNCILMAN WICKHAM: It is a quote. I am one of the Board members and I would personally have no problem in seeing this material carried on this cable. That is all I am saying. Page 35 January 29, 2008 Minutes Southold Town Board Board Meeting MS. LEE: Okay, so who do I find out… COUNCILMAN KRUPSKI: Could you call the Supervisor’s office and we will make sure that we have an answer for you or Kieran, can you make sure that they have an answer? ASSISTANT TOWN ATTORNEY CORCORAN: Certainly. I am sure that they are going to want to review the content and then have a discussion with the Board. MS. LEE: It will be on channel 20 on this Thursday evening at 9:30 to 10:30 and copies of that will not be available before then because we are poor and we don’t have a big checking account. Okay? Do we have a question on that? COUNCILMAN KRUPSKI: No. MS. LEE: Alright. Thank you for your attention, ladies and gentlemen. COUNCILMAN KRUPSKI: Thank you. Scout Leader Steve Husak STEVE HUSAK: My name is Steve Husak, I am from Mattituck. The comments I am about to make do not reflect the Boy Scouts. I am here on a separate matter. I have a problem with the Town putting it on the government channel. That is what public access is about, there is plenty of media outlets on the internet such as Youtube. Why are we going to turn the town’s public information into a propaganda channel? COUNCILMAN KRUPSKI: Thank you. Any other comments? Go ahead, Dave. Trustee David Bergen DAVE BERGEN: Dave Bergen, Southold Town Trustee. I understand, I received a phone call from Trustee Jill Doherty, there was discussion this morning at the Town Board work session that I wasn’t able to attend about dredging. So I wanted to make myself available in case there were questions from any Board members about dredging. But before I do, I just wanted to review that this year, after 18 months of work by the Trustees, we were able to succeed in having Suffolk County Department of Public Works dredge 10 creeks in the Town of Southold. Which to my recollection of what I have been told of Suffolk County, that is a record. There were 16 in total dredged in the east end and we got 10 here in Southold. I would like to thank some of the people that really made this happen. Legislator Romaine, Congressman Bishop, his aide John Schneider. Lauren Montpace in Senator Clinton’s office and Beth Walsh in Senator Schumer’s office because they were the ones who really worked to break the logjam at the federal level that allowed the permits to be released. And again, I wanted to commend Suffolk County for all the work they did in succeeding in getting 10 creeks dredged. But I am here to answer any questions that this Board might have about the dredging projects this year, the windows of dredging, plans for next year etc. Again, because I wasn’t available for this morning’s meeting. COUNCILMAN KRUPSKI: Well, I would just like to thank you for all the hard work you have Page 36 January 29, 2008 Minutes Southold Town Board Board Meeting done on that because it has been a trying time and I know you put a lot of effort in on that. Thank you. MR. BERGEN: Well, thank you. On behalf of the Trustees, are there any questions at all? COUNCILMAN ORLANDO: Well, since you are volunteering… MR. BERGEN: Sure. COUNCILMAN ORLANDO: What creeks do you have on the agenda for next year? MR. BERGEN: What we do is each year and when dredge windows were moved up to beginning in October, we moved the priority determination list up. So at the beginning of t his summer, we will determine a priority list for dredging. In other words, we need to wait for the summer and go out and take a look at all the creeks to see which ones are in bad shape, which ones need dredging. We also look at the Bay Constables for advice on this and since the Town Board has a new dredging advisory committee and I am the liaison for the Trustees to that Committee, I will be looking for input from that Committee also. And once we gather all of this input then we will together work out a priority list. Understand, when we do this priority list and submit it to the County, the County is not bound to go by that priority list because they have to take into consideration the interests of the other Towns in Suffolk County and then they determine a priority list. But we do that. We already know that there are some creeks that did not get dredged, it was only a few but there were some creeks that did not get dredged this year that need dredging for next year, so I am sure they are going to appear on a priority list but again, mother nature does nasty things and we don’t know what is going to happen in the next few months where mother nature could fill in a creek right now that is fine. And so we will establish that priority list in the beginning of the summer. COUNCILMAN KRUPSKI: I think maybe we should open it up, maybe the Dredge Committee could have a, advertise a meeting where people could come and comment on it. Because one of the big issues is always dredged spoil placements. MR. BERGEN: Yeah. COUNCILMAN KRUPSKI: And if it is time to amend the DEC permits now, not when the dredge comes into town next fall. MR. BERGEN: Sure. And I just recommend we use the term material, rather than spoil. It is a more acceptable term. But you are absolutely right. all the permits dictate where the material goes and as I found out this year when I tried to amend the material location in my attempts to get Wickham creek dredged, I tried to amend the material location so it would go toward the, I will call it south west location to replenish the dunes that were severely eroded in April and I was told that no, that takes time to do and if you would like to continue forward with dredging for this year, we don’t have the time to amend those permits. Well, now since that didn’t happen this year, there is the time… Page 37 January 29, 2008 Minutes Southold Town Board Board Meeting COUNCILMAN KRUPSKI: Right. MR. BERGEN: And I am hoping that they will consider, I sent two correspondences to the DEC at two different times related to that particular location and I am hoping that they will consider that for the next time that they are able to get in there and dredge. COUNCILMAN KRUPSKI: Good. Great. Thank you. MR. BERGEN: The material is important for nourishment, particularly where storms severely damage the particular location. COUNCILMAN KRUPSKI: Sure. Anyone else? JUSTICE EVANS: I would just like to reiterate what Al said, to thank the Trustees for all their hard work on this. We give credit to a lot of other people but I think the Trustees worked very hard on it, too. MR. BERGEN: Thank you. Okay, if there are no questions. Thank you. COUNCILMAN KRUPSKI: Thank you. Nancy Swastynowich NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz of Cutchogue. I wasn’t going to speak tonight but I just took a little offense about the propaganda comment. The Jay (inaudible) show would never have propaganda on. You all know at that point, Mr. Wickham said he wouldn’t mind because he knows him personally and we spent a lot of time and research on all the information we gave on this little show today and it took a lot of hours of labor that we don’t get paid for and it is just a labor of love because we really do care about Cutchogue and all of Southold Town, so once again, I would like to invite everyone to the meeting Friday night and Tom, Jay was even saying maybe you could have a little meeting with us on his show. Thank you very much. Good evening. COUNCILMAN KRUPSKI: Thank you. Go ahead, just briefly. Steve Husak MR. HUSAK: Okay. Propaganda was the wrong term to use. My point being that this is a government channel, it is made to show school board meetings, town board meetings where both sides are heard. You have Youtube on the internet, you have public access on cablevision. Let’s keep those shows to those shows and let’s keep the hearings where the hearings belong. COUNCILMAN KRUPSKI: That is why we do have, we do have a policy relating to that because, you know, you do get different requests from time to time. And not that we try to screen information but it just or not that we try to decide what it appropriate or not to put out, it is just that you have to have a balanced approach and put what is appropriate for the government channel to put out and not just you know, use it as an advertisement. So I am not saying no but I Page 38 January 29, 2008 Minutes Southold Town Board Board Meeting am not saying yes. MR. HUSAK: Okay. While we were talking about dredging also, what is the status on Mattituck Inlet? Is it scheduled to be dredged? I know the lady to the west threatens to tie the park district and the Town and anybody else that comes to dredge that inlet up in court for years. COUNCILMAN KRUPSKI: Well, the Mattituck Inlet is a federal anchorage because it is one of the few safe ports on the north shore of Long Island because really, there is nothing between Port Jeff and Orient Point. And because it was designated federal anchorage, the responsibility, the federal government to maintain it. In fact, all the way at the southern end, all the way at the head of the creek, there is buoys that the Town puts out that marks that. Because of that, it is not the Town’s responsibility to dredge that which we would normally go through the Trustees and they would take on that responsibility and work with the county and the state. It is the Army Corps of Engineers who maintains the jetties there and who has to maintain the channel. They are working on a very ambitious plan, a long overdue plan to bypass the sand from one side of the jetty to another, as the jetty interrupts the sand flow artificially if you have to help major out and move the sand along the shoreline. That is just a painfully slow process. We are in support of it but it is just , it is not happening very quickly. MR. HUSAK: Just one other thing and then I will sit down, what is the status, the last time I was here for a Town Board meeting I couldn’t even get in the door, everybody was protesting about their horses and stuff. I would like to know what the status is on that. Is the Town Board working towards coming up with a resolution....? COUNCILMAN KRUPSKI: The horse died. MR. HUSAK: The horse died? COUNCILMAN KRUPSKI: Yeah. I don’t think there is any plans to resurrect that. MR. HUSAK: Thank you. Supt Hgways Peter Harris PETER HARRIS, SUPERINTENDENT OF HIGHWAYS: Good evening. Pete Harris, Greenport. Question to either Dave or possibly to you, Albert because you are a long time past Trustee. Dam Pond, East Marion and I will ask this to Dave, is there any plans for 2008 in the dredging to resurrect Dam Pond inlet? Having clammed and crabbed in that creek from the time that I was a little kid, there is a spit of land that goes out on the very west side of what used to be the channel for when they used to dredge and open that channel back up but over the years, ever since I was eight or nine years old, I don’t believe that channel has ever been re-dredged. Now what has happened is that mother nature has taken its course and has changed the channel itself as it comes in and it has probably eroded 50 percent of the natural wetland vegetation that once used to direct that flow of water going into that body and you have one gigantic bar in there now. and I was just hoping that possibly in the Trustees choice of areas to dredge to try to re-align that flow of water and actually get a better flow of water because the back waters of Dam Pond are pretty stagnant and the fact that maybe they can get the county to dredge the outside, the channel, Page 39 January 29, 2008 Minutes Southold Town Board Board Meeting you used to be able to take a boat, a regular out-board powered boat and navigate that channel and go underneath the Dam Pond bridge, so that in itself is a jewel that the Town owns or owns a good portion of it, there are underwater lands up in the very back that are privately owned but that’s, it’s a picturesque piece of body of water and very good clamming and crabbing that doesn’t need to be forgotten and if we don’t do something soon, those marshlands that we now see, they are going to be gone because mother nature’s just, every day as the tide goes in and out, a little bit more washes away every day and it needs to be addressed. COUNCILMAN KRUPSKI: Thanks. As far as I know, in the last 20 years I know that was never dredged by the county and I don’t know, I doubt they have any plans and maybe Dave could answer to see if there is anything currently. Go ahead. Trustee Bergen MR. BERGEN: Sure. I agree with Mr. Harris that that is a jewel for the Town of Southold. Something that hasn’t been dredged in that long, the procedure that would have to be followed is, if it was the goal to have the county dredge it, it would have to go before the county dredge screening committee. The county dredge screening committee has 10, excuse me, 11 criteria that they look at where they decide whether a project is eligible for the county to dredge. They had 10 and none of them were related to environmental reasons until last year. Legislator Romaine got added in number 11 which is for environmental reasons and it sounds like that would be a reason under which they would consider this. Not to take up too much time, the county dredge committee meets once a year, there is a lot of work that is going to be required ahead of time to get information to them. Then they would decide yes or no if it would be eligible and then they would have to go for permits and it is about a two year process to do all that. COUNCILMAN KRUPSKI: Well, that wouldn’t even address the dredging that Mr. Harris brought up, that, you know, would be inside of the creek. MR. BERGEN: Oh, yeah. No. I am just talking the interface. I am just talking the interface. To go inside, the county would not dredge inside there. They would not. It is just cost prohibitive. They have already said that they are not going to go forward with dredging projects inside. It is cost prohibitive because of the material primarily. As an option, maybe this is a good project for the Dredging Advisory Committee of the Town Board to look at and maybe have the Town show an interest in picking up that project, the interface, as they did with Goldsmith’s Inlet. Because that was dredged strictly for environmental reasons also, Goldsmith’s Inlet. That is my understanding. So, it might be another way of getting it done. COUNCILMAN KRUPSKI: Thank you. Benja Schwartz MR. SCHWARTZ: Good evening again. I am still Benja. Apologize for taking more of your time tonight. Sir, what was your name? I didn’t catch it. MR. HUSAK: Steve. MR. SCHWARTZ: You know, we would love it if you got in touch with us, if you have some Page 40 January 29, 2008 Minutes Southold Town Board Board Meeting view points you would like to express, we would be willing to assist you to do that. We welcome dialogue. On the show today, when we set up the show, all our planning for the show, we were trying to gather facts. We were trying to provide information and educational ideas. Well, I think… COUNCILMAN KRUPSKI: You have to address the Board. MR. SCHWARTZ: Okay. Well, an educational idea. Number one, the first amendment prohibits prior restraint without knowing what was on the show to prohibit it because of the content would be wrong. Number two, government, you talk about government and what is government. Well, citizens’ participation, citizens, yes, if the government is of the people, by the people and for the people, without citizens participation government doesn’t work. And in fact, this particular application is right now going through a SEQRA process, the state environmental quality review act, production of an environmental impact statement involves many stages of public comment and I wasn’t going to mention it but since it seems that there are some people here that could use some education. The public comment is being invited right now into this process but there is a problem. Even thought the SEQRA law was designed to include the public in the government process, so that we don’t just vote every year or every couple of years depending on the office but we also participate in other parts of the process, in day to day activities operation of government. Well, the SEQRA law says that the public have a right to review the draft environmental impact statement and then there is a public hearing where they can go and comment on it or they can write letters, send in written comments but the Southold Town Planning Department has decided not to show us the draft environmental impact statement, even though they received it; until they get a chance to review it first. And I know the public comment is not open and I don’t think I would be disturbing them bothering with it but I would like to see the document and to start thinking about it and preparing for the meeting and planning for it and I also believe that the Freedom of Information Law probably entitles me to that and if I really wanted to push the point, I would make a Freedom of Information request but we are busy with a lot of other aspects and if the Planning Department is going to take a position like that, you know, I am not trying to oppose the Planning Department but I do feel that that type of attitude in town government, that you know, well we have to do it; so that means we don’t have to do it now we don’t have to do it. There is two laws of play here. One says you have got to do it as soon as you get the document. There is nothing in the state environmental quality review act that I know of that changes that. So to use this law that is supposed to you know, make information available, to keep information away from the public, I believe it is wrong. COUNCILMAN KRUPSKI: Kieran, can you… ASSISTANT TOWN ATTORNEY CORCORAN: Benja, if you wouldn’t mind giving me a call in the office at your earliest convenience, I will talk to you about the freedom of information issue. On first blush, it appears to me that it should be made public. So talk to me about it, I will talk to Planning and see if there is any reason why, legally, that it should not be made available to the public. MR. SCHWARTZ: I appreciate that. Thank you. Page 41 January 29, 2008 Minutes Southold Town Board Board Meeting ASSISTANT TOWN ATTORNEY CORCORAN: No problem. But I don’t think the first amendment requires the town to publish anything anybody wants on the town sponsored channel. MR. SCHWARTZ: No but my point was that this particular show has, is governmental in nature. It has governmental content although it is not government officials. ASSISTANT TOWN ATTORNEY CORCORAN: But prior restraint would mean the government would be trying to preclude it from being published anyway, which is clearly not the case. MR. SCHWARTZ: No. I hope we will be able to show it on, you know, on both channels. So that whenever people have the time. The time slots that it is available for the cablevision channel are very limited. I think it is one day a week at one time. Maybe someone can’t watch it at that time. So you have the Town Board meeting on several times a week, you know, maybe after the Town Board meeting, instead of a blank screen, we could show this tape and then if anybody else wants to make another tape, you know, whatever, they can contact us and present their views, too. But it is intended to be educational, informal, informative and has a governmental character to it. So I hope we will get to show it on the town channel. Thank you. COUNCILMAN KRUPSKI: Thank you. Yes, sir. Steve Husak MR. HUSAK: I really wish I could take this shirt off right now because these are my comments and they are not the Boy Scouts comments. I really, really have a hard time with the Town giving free time to each side. Personally, I am a preservationist. I have fought here for people’s rights to have horses, I have fought for rights to beach access for fishermen; I am a preservationist. But I am also a realist. This is the day and age of the internet and public access on cablevision. The Town should not be funding either side, I don’t care which side you are on. Let’s keep it where it belongs, not here. This is for public knowledge at meetings, not for each side to put their views out to the public for free. COUNCILMAN KRUPSKI: Thank you. Do you scouts have any questions? Did you learn anything tonight? Are you ready to run for office? No other comments? COUNCILMAN WICKHAM: Albert? I would like to make a comment. COUNCILMAN KRUPSKI: Go ahead. Councilman Wickham COUNCILMAN WICKHAM: Last week the Town Board received a report from the so called tracking report of development in the Town. This marks almost four years that we have tried to keep track, that we have kept track, carefully, of the rate of development and how the Town is being developed and how it is being preserved. And I just wanted to highlight some of the figures that came out in that report. First of all, we are focused on the so called target area, target area means those larger parcels that could be subdivided and provide new homes for. Non-target Page 42 January 29, 2008 Minutes Southold Town Board Board Meeting areas means single and separate lots that are already available that anybody could just go into the Building Department, get a building permit and put up a house. So the target area is the area that can be or is available for subdivision before a person can come in and get a building permit. There is some 7,800 acres of that target area. When I call it target, it means that that is the area that we are concerned, we as a Board-both the old Board and I am sure the new Board- is concerned to somehow try to restrict the extent of development and maximize the extent of preservation. That is what we established this tracking system, so that we could keep track of the statistics and it has been almost four years now. Seven thousand eight hundred acres of land that is in that target category. Over the last four years, how has the Town done? We have preserved exactly 1,000 acres. Exactly 1,000 acres have been preserved through a combination of town purchase of development rights, county purchase of development rights. Some Peconic Land Trust preservation. All kinds of different things, all added up to total 1,000. Some open space and some farmland. There have been a total of 90 units that have been approved on these particular parcels that have come in over the last four years. Of them, 20 building permits have been issued. Twenty building permits over the last four years on this target acreage. There are 20 that were issued. How many could have been issued if the applicants sought a wall to wall housing, getting everything that the zoning ordinances would have allowed them? They would have been entitled to 461 building units. Instead, what we have are 20. That results in what we call, let’s see, there is a preservation ratio and there is a reduction in density ratio. The reduction in density is 95 percent. That is to say, five percent of what they could have gotten is what they actually got. And it was voluntary. People could have come in for the full wall to wall subdivision. But they didn’t. We have the conservation subdivisions which are based on maximum preservation and significant reduction, 95 percent density reduction and 94 percent preservation rate. That means that of the land, of this target land that came in-that 1,000 acres that was preserved, that constitutes 94 percent of the total land that came in. I think it is a good record but I think that we also have to see that there is a down, there is another side of the coin that we have to be aware of. The first is, what has happened to the non target land? What has happened to the singles and separates out there that are just, we see them in each of our villages and hamlets, there is a little parcel here, there is one there and we have all seen that there is quite a number of houses going up on them. And I have lost my page here but I believe there is on the order of 200 units that have gone up on those singles and separates in those last four years. The other side, the other, I would say difficult aspect to these statistics is as our preservation continues, as we continue to preserve land that doesn’t get developed, it puts more and more pressure on finding affordable homes here for people who really need them. As land gets scarcer and more and more is preserved, I think we can only expect the price of the available land that is still being developed for homes to become increasingly expensive. So I think as a Board, I think I speak for everybody on the Board, we are very concerned about continuing our progress towards providing affordable housing while at the same time preserving as much land as we can. That is what the statistics are showing and I think we can look forward to continued reports every quarter of the year. Councilman Krupski COUNCILMAN KRUPSKI: Thank you. Alright, are there any other comments? (No response) Can I have a motion to adjourn? VIII. Motion To: Adjourn Town Board Meeting Page 43 January 29, 2008 Minutes Southold Town Board Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:32P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans ABSENT: Scott Russell Page 44