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Home My WebLink AboutTB-04/21/2009 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES April 21, 2009 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, April 21, 2009 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 April 21, 2009 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived William Ruland Town of Southold Councilman Present Vincent Orlando Town of Southold Councilman Present Albert Krupski Jr. Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Jennifer Andaloro Town of Southold Assistant Town Attorney Present I. Reports 1. Program for the Disabled March 2009 2. Judge Price Monthly Report March 2009 3. Justice Rudolph H. Bruer march 2009 4. Island Group Claim Lag Report 4/1/09 to 3/31/09 April 21, 2009 Page 2 Minutes Southold Town Board Meeting II. Public Notices 1. NYS Liquor Authority - New Application Simcha Cellars, LLC, 35 Cox Neck Rd., Mattituck - Applying for Special Farm Winery License 2. NYS Liquor License Renewal Applications Lieb Cellars LLC, 35 Cox Neck Rd., Mattituck The Myers Syndicate LLC d/b/a the Piping Plover Cafe, 53345 Main Rd., Bldg 3, Southold Johnnie's Cutchogue Diner, Inc., Main Rd., Cutchogue Four Crows, Inc., Croteau Farm vineyards, 1450 South Harbor Rd., Southold III. Communications IV. Discussion 1. 9:00 A.M. - John Cushman Budget Review 2. 9:30 A.M. - Phillip Beltz 1. Youth Bureau Update: a. Global Youth Service Day b. Internships with Town Gov't c. Suffolk County Youth Work Experience Program 2. Anti-Bias Education Day 3. Coastal Steward Adopt a Beach Program 3. 10:00 A.M. - Ken Reeves/Jen Andaloro Special Events plus request (attached) 4. Transportation Commission Recommendation Griffin Street & Route 25, Cutchogue 5. Summary of Volpe Presentation Supervisor Russell 6. Stormwater Management Committee Supervisor Russell 7. Bombara Proposal from En-Consultants April 21, 2009 Page 3 Minutes Southold Town Board Meeting 8. National Flood Insurance Program Flood Insurance Rate Maps for Suffolk County 9. Amendments to Chapter 111 10. Amendments to Chapter 275 11. Amendments to Penalties Zoning 12. Fishers Island Ferry District Items Procurement letter Deferred Comp Employee Handbook 13. SCWA/Laurel Lake Preserve Easement 14. Request from Long Island Farm Bureau Signage 15. Home Rule Request CPF 16. Cell Phone Policy Councilman Orlando 17. 1:00 P.M. - Melissa Spiro Potential Property Acquisition and possible discussion of cost 18. Executive Session Employment history/status of a particular person 19. Personnel - Storm water committee intern - Justice Court intern - Building Department vacancy 20. Support Reforms to Federal Regulations Commercial Fisheries April 21, 2009 Page 4 Minutes Southold Town Board Meeting Special Presentation Arbor Day Poster Winners Supervisor Russell SUPERVISOR RUSSELL: Please join me in the Pledge of Allegiance to the Flag. Thank you. Okay. Before I get to the regular meeting, I want to invite the chairman of the Southold Town Tree Committee, Dave Cichanowicz, who has some awards he would like to present. Dave Cichanowicz, Ch. Tree Committee DAVE CICHANOWICZ: Thank you. Every year the Southold Town Tree Committee has a thth poster contest. We submit to all the schools in Southold Town from 5 or 6 graders, to come up with their ideas and themes of trees and children growing together, as you can see them scattered throughout Town Hall and the alleyways, they did a wonderful job. And one of the things we do is we go through and we pick out what we feel most represents what we are looking for. This year we have three winners, one from each of the schools, one from Greenport is Valentina Acero, I don’t know if she is here. Leah Passanant, you get this award from the Tree Committee and a gift certificate for $25 for yourself and you did a great job. (Inaudible) The winner of the overall contest, for all of Southold Town, was Krystal Altman. Krystal’s poster is right dead center here, this is the one here and her mom will actually turn that poster into bookmarks that will be handed out to all the students. This is your certificate from us. This is a gift certificate for $50, also along with this the Tree Committee will be donating a tree in your honor to be planted at this school. This will be happening on Friday at 2:00. If anybody wants to attend, you are more than welcome. The tree is coming from Dart’s tree farm, it is a very basic, good, strong elm that will be a good, strong symbol of what we are all about. Again, thank you very much. Opening Statements Supervisor Russell SUPERVISOR RUSSELL: I welcome everybody after this meeting is over tonight to take the time to look at these posters. It is not just the artwork, it is the very eloquent message that goes along with them. It is really quite insightful and I am amazed that it is done (inaudible). Thank you very much. I would like to take an opportunity to invite anybody that would like to get up and address the Town Board on any issue as it appears on the agenda? Would anybody like to comment? Let me just explain a couple of things, what we will have is a regular meeting of the Town Board where we complete the work of the regular resolutions. We have a separate public hearing that we will take public input on the docks. One thing that I want to stress to everyone that is here is that there is no intent on the Town Board to take any action on dock legislation tonight. we put this forward because we are anxious to get the public dialogue started and get feedback from the community, whether you are for them or against them, we want to hear from everybody. For the time being, though, we are just quickly taking care of the business of the Town. Councilman Albert J. Krupski, Jr. COUNCILMAN KRUPSKI: And this will be the only forum before we have final legislation to April 21, 2009 Page 5 Minutes Southold Town Board Meeting comment on this either. We want to start the process tonight, go back and if we want to work on some things, to change some things, look into the different things, then we can have another public forum before we actually write more or less draft legislation that we would want to take action on, so. SUPERVISOR RUSSELL: Benja? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. You know who I am. COUNCILMAN ORLANDO: You have changed with the hairstyle, Benja. We don’t recognize you. MR. SCHWARTZ: Benja Schwartz from Cutchogue. I am glad to hear that you are not going to accomplish anything tonight but there is some items on the agenda which I couldn’t figure out and I thought I would ask you if you could explain. What is a field groomer? COUNCILMAN WICKHAM: What number? COUNCILMAN ORLANDO: That item is actually being held back…. MR. SCHWARTZ: 324. COUNCILMAN ORLANDO: That resolution is being tabled. But a field groomer is a self propelled machine that goes around the baseball fields and kind of grades the infields, it makes them nice and smooth. MR. SCHWARTZ: Like a roomba for baseball? COUNCILMAN ORLANDO: Yeah, it is like a baseball zamboni. MR. SCHWARTZ: Well, we are tabling that so we don’t need to get into the details tonight. The Peconic school rehabilitation, I remember I think that plans and specifications were awarded without a bidding process and I am just curious what it is that the plans and specifications which you are asking for a bid. I know you are not going to do anything tonight, you are just asking for a bid for how much it is going to cost for what to do but I am disappointed that I for one and other people were not able to have some input, some public input into the process of what it is that you plan to do at the Peconic school. SUPERVISOR RUSSELL: Okay, those are two separate issues. What we have tonight is a measure that will allow us to go out to bid to upgrade what we need to do anyway. It needs new electric, it needs some physical plant improvements. There are components of that that have a green component, geothermal. This is an opportunity for us to go out and start pricing what needs to be done. Not accepting the bids but pricing what needs to be done. MR. SCHWARTZ: I understand that, Scott. April 21, 2009 Page 6 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: We are scheduling a series of public meetings in the near future that is going to have a community center discussion on what to do with the building, what type of renovations to make, what type of improvements to make and what type of uses we would like to see there. MR. SCHWARTZ: My question is phase 1, what does phase 1 include? SUPERVISOR RUSSELL: To get prices for electric upgrades, all that, it has no heat, to get prices on all those things so we have a budget to work with in the future. MR. SCHWARTZ: Where can I get more specific information on that? SUPERVISOR RUSSELL: The bid packages are probably available from the engineer’s office. MR. SCHWARTZ: If I do a FOIL request…. COUNCILMAN ORLANDO: Can I expand on that a little for you? Benja, this is basically to get the doors opened. It is a phase 1 project there which encompasses, we found some environmental, small environmental issues, some lead paint we have to address and some asbestos and so that is part of the bid package to get that done before we can go in there and work. It is about putting in water service to the building because we need our sprinkler system, as the supervisor said, we need a boiler system in there but we put options in there, a gas oil burner, an oil oil burner and a geothermal system. Also we need to… MR. SCHWARTZ: Let me.. COUNCILMAN ORLANDO: So it is just to get it so that we can open the doors and then we can work on what we want to do with the building…. MR. SCHWARTZ: For the record, I am extremely concerned with the proposal for a geothermal system. SUPERVISOR RUSSELL: It could be. That is why we are just putting this out, to get estimates of value, the discussion on the awarding of the work will come at a later date. But we need to start somewhere and the best place to start is to figure out what this is going to cost as we move forward. COUNCILMAN ORLANDO: The itemized bid specs out there, so people are going to put in price for gas fired boiler, geothermal, oil fired….. MR. SCHWARTZ: I am all for going forward but I would like to have some more public awareness, public input, public you know. SUPERVISOR RUSSELL: I understand that. We are scheduling that in the very near future. April 21, 2009 Page 7 Minutes Southold Town Board Meeting MR. SCHWARTZ: Disclosure of what you are doing. The STOP DWI program, $20,000 to Suffolk County, are you going to let us know what that is for before you vote on it? SUPERVISOR RUSSELL: The STOP DWI program? Actually, Suffolk County gives us the money and that is to cover our overtime as part of a countywide consortium to stop DWI. MR. SCHWARTZ: Fine. They are paying us, no problem. Star computers from Connecticut are being hired to install a virtual network, a network over the internet to the Fishers Island ferry district and you are voting on that tonight, for $10,000. It seems to me that it would be advantageous to include a virtual private network between the Town of Southold, Town Hall and Fishers Island, whatever form of government exists on Fishers Island, along with that bid. Has there been any consideration? SUPERVISOR RUSSELL: Yes, in fact, we have as part of our capital budget the installation of video conferencing from their community center over there. The Fishers Island ferry district is a separate entity, it is separate taxing district. I am not sure that would be a good location for or if I would want to mingle the Town’s expenditures with their expenditures. They are wholly self- contained in terms of their expenditures. That money that you see on that resolution is actually being paid for by them, based on their ability to generate not just taxes but fees for usage. MR. SCHWARTZ: (Inaudible) but has there been competitive bidding on this item? SUPERVISOR RUSSELL: You can check with the ferry district? To see if they have complied. MR. SCHWARTZ: But you are voting on it tonight. SUPERVISOR RUSSELL: That is right. MR. SCHWARTZ: I am asking you. Has there been competitive bidding on it? SUPERVISOR RUSSELL: I don’t know. I don’t know. COUNCILMAN WICKHAM: The money comes from the Fishers Island ferry district, not from the Town. JUSTICE EVANS: Inaudible. MR. SCHWARTZ: Well, there is a connection. Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on any item that is specific to the agenda? Lillian Ball, Southold LILLIAN BALL: Hi, Lillian Ball, Southold Town. I wonder if you could just talk a little bit about what you decided to do by hiring E-N consultants? What directives you have given them April 21, 2009 Page 8 Minutes Southold Town Board Meeting in the Bombara case? Please. SUPERVISOR RUSSELL: We hired E-N Consultants to give us an independent evaluation of the environmental issues that need to be addressed there. we didn’t cast out and say give us a work product based on what we tell you, we asked for an independent, objective evaluation of all the issues involved with the Bombara application. That is what his specialty is. Protection of the primary dune…. MS. BALL: Rob Herman? SUPERVISOR RUSSELL: Yes. The protection of the primary dune, in other words, we have obligations under the code and to ask him to help us, to figure out how best to show our role there, which is to protect those natural features and to contemplate his application for a building permit. MS. BALL: When do you expect he will come back to you with his recommendations? SUPERVISOR RUSSELL: Jen, can you give us a time frame? ASSISTANT TOWN ATTORNEY ANDALORO: At this point in time, we are probably going to be asking the applicant to do some additional work, so our consultant will not be able to perform his task until the applicant does certain tasks that we are going to ask them to do. MS. BALL: Okay. Great. Thanks for the update. I am glad you are still on it. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on…? JOHN BRADY: John Brady, East Marion. I belong to an association where we have, I would say about a 60 or 70 foot dock and we only have two slips in it and we would like to start applying for more slips, it would go into the shore. Have you got any idea when the decision will be made to lift this moratorium? SUPERVISOR RUSSELL: The, the moratorium wouldn’t pertain, I don’t believe in your particular case you are held back by the moratorium. Are you the Gusmar subdivision? MR. BRADY: No, we are Summit Estates. SUPERVISOR RUSSELL: Summit Estates. That is the subdivision that was allowed just two slips. You will have to address that with the Trustees but in terms of how this moratorium affected any pending application, I am unaware of any intrusion there. MR. BRADY: Okay. Thank you. SUPERVISOR RUSSELL: Is that the issue, I am sorry, I don’t want to get too specific. Is that (inaudible) subdivision? April 21, 2009 Page 9 Minutes Southold Town Board Meeting MR. BRADY: Yes. SUPERVISOR RUSSELL: That is an issue that is well outside the issue of the moratorium but I will be glad to talk to you about it at another time. Would anybody else like to address the Town Board on any issue regarding the agenda? (No response) Minutes Approval RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Wednesday, August 06, 2008 ? Vote Record - Acceptance of Minutes for August 6, 2008 1:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? ? Vincent Orlando Voter Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, November 18, 2008 ? Vote Record - Acceptance of Minutes for November 18, 2008 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? ? Vincent Orlando Voter Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, February 03, 2009 ? Vote Record - Acceptance of Minutes for February 3, 2009 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Thursday, February 12, 2009 April 21, 2009 Page 10 Minutes Southold Town Board Meeting ? Vote Record - Acceptance of Minutes for February 12, 2009 3:00 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, February 24, 2009 ? Vote Record - Acceptance of Minutes for February 24, 2009 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? ? Vincent Orlando Voter Accepted ?????????? Accepted as Amended Albert Krupski Jr. Seconder ?? Tabled ???????? Thomas H. Wickham Voter ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, March 10, 2009 ? Vote Record - Acceptance of Minutes for March 10, 2009 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? ? Vincent Orlando Voter Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, March 24, 2009 ? Vote Record - Acceptance of Minutes for March 24, 2009 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, April 07, 2009 ? Vote Record - Acceptance of Minutes for April 7, 2009 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter April 21, 2009 Page 11 Minutes Southold Town Board Meeting V. Resolutions 2009-306 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 4/21/09 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby April 21, 2009. ? Vote Record - Resolution RES-2009-306 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-307 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 5/5/09 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, May 5, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2009-307 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-308 Tabled 4/7/2009 4:30 PM CATEGORY: Budget Modification DEPARTMENT: Public Works Park & Playground Improvements April 21, 2009 Page 12 Minutes Southold Town Board Meeting Fiscal Impact: Special Recreation Facilities, using park & playground funds RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: To Revenues: A.2025.00 Special Recreation Facilities Park & Recreation $107,500 Total $107,500 To Appropriations: A.1620.2.500.850 Bldgs & Grounds, Equip., Capital Outlay Tasker Park Improvements $ 12,500 A.1620.2.500.825 Bldgs & Grounds, Equip., Capital Outlay Cochran Park Improvements $ 75,000 A.1620.2.500.350 Bldgs & Grounds, Equip., Capital Outlay Beach Improvements $ 12,000 A.1620.2.500.975 Bldgs & Grounds, Equip., Capital Outlay Rec Center Park Lot Improvements $ 8,000 Total $107,500 ? Vote Record - Resolution RES-2009-308 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-309 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: This budget modification is needed to cover contractual obligation on an unfunded line. RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: April 21, 2009 Page 13 Minutes Southold Town Board Meeting From: A.3130.1.100.200 Overtime Earnings $250.00 To: A.3130.100.500 Holiday Earnings $250.00 ? Vote Record - Resolution RES-2009-309 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-310 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept Bid Asset #3383 RESOLVEDaccepts the bid of Friends that the Town Board of the Town of Southold hereby Auto Sales of Illinois for the 2006 Ford Crown Victoria, Asset #3383, in the amount of $2,289.00 , all in accordance with the Town Attorney’s office. ? Vote Record - Resolution RES-2009-310 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? ??Albert Krupski Jr. Initiator Withdrawn ?? Supervisor's Appt ???????? Thomas H. Wickham Seconder ?? Tax Receiver's Appt ???????? Louisa P. Evans Voter ?? Rescinded ???????? Scott Russell Voter Next: May 5, 2009 4:30 PM 2009-311 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Peconic School Rehabilitation - Phase I RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the Peconic School Rehabilitation – Phase 1 April 21, 2009 Page 14 Minutes Southold Town Board Meeting Improvements Project, as per the plans and specification prepared by L. K. McLean Associates, P.C. ? Vote Record - Resolution RES-2009-311 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-312 CATEGORY: Fmla DEPARTMENT: Accounting FMLA Leave for DPW Employee RESOLVEDgrants a 12 week leave of that the Town Board of the Town of Southold hereby absence under the FMLA (the Family and Medical Leave Act) to DPW employee # 4885, effective March 23, 2009. ? Vote Record - Resolution RES-2009-312 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-313 CATEGORY: Budget Modification DEPARTMENT: Land Preservation Budget Modification - CPF Funds Fiscal Impact: Budget modification to correct a miscommunication when preparing the 2009 Town budget where no funds were allocated for an existing budget line dedicated to appraisal preparation fee expenditures. Appraisals are necessary for land acquisitions. RESOLVEDhereby modifies the 2009 that the Town Board of the Town of Southold Community Preservation Fund (2% tax) budget as follows: April 21, 2009 Page 15 Minutes Southold Town Board Meeting From: H3.8660.2.600.100 Land Acquisitions $ 25,000.00 To: H3.8660.2.500.200 Appraisals $ 25,000.00 ? Vote Record - Resolution RES-2009-313 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-314 CATEGORY: Budget Modification DEPARTMENT: Accounting Modify the 2009 Fishers Island Ferry District Budget RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby Fishers Island Ferry District budget as follows: TRANSFER FROM: SM 5710.2.000.200 Race Point Repairs $10,000. Fund 5710.2.000.000 “Both Vessels” for items used in both boats. SM 5710.2.000.100 Munnatawket Repairs $5,000. Fund 5710.2.000.000 “Both Vessels” for items used in both boats. SM 5710.4.000.000 Ferry Operations, Other $50,000. Fund 2 new line items, 5710.4.000.800 “Uniforms” and 5710.4.000.9 “Credit Card Fees” in order to track these large expenses separately from this line item. TRANSFER INTO: SM 5710.2.000.000 Both Vessels $15,000. Fund this account to cover items purchased for use on both vessels. SM 5710.4.000.800 Uniforms $10,000. SM 5710.4.000.900 Credit Card Fees $40,000. Establish these 2 new line items to track these large ticket expense items. TRANSFER INTO: SM 5610.2.000.000 Airport Capital Outlay $43,875. Approved cost for the engineering study of the cracks in the runways at airport. April 21, 2009 Page 16 Minutes Southold Town Board Meeting TRANSFER INTO: REVENUE SM 3097.00 NYS Capital Grants $1,125. NYDOT approved grant to fund the engineering study at the airport. SM 4097.00 Federal Capital Grants $42,750. FAA approved grant to fund the engineering study at the airport. Net change to the 2009 Budget $0.00 ? Vote Record - Resolution RES-2009-314 ? 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 Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 10. Resolution 314 comments COUNCILMAN RULAND: Before I move this resolution, I thought we had made it clear previously that modifications needed to be totaled and proved out before we.... TOWN CLERK NEVILLE: We did, Bill, and I will talk to them about this. There should have been a total on it. 2009-315 CATEGORY: Refund DEPARTMENT: Zoning Board of Appeals Grant a Refund of $300.00 to Frank Scarola. for Zoning Board of Appeals Permit No.6227 RESOLVEDgrants a refund of $300.00 that the Town Board of the Town of Southold hereby to Frank Scarola for Zoning Board of Appeals Permit No. 6227 at the recommendation of the Zoning Board because the application has been withdrawn. ? Vote Record - Resolution RES-2009-315 ? 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 April 21, 2009 Page 17 Minutes Southold Town Board Meeting 2009-316 CATEGORY: Refund DEPARTMENT: Zoning Board of Appeals Grant a Refund of $100.00 to M & D Meyran for Zoning Board of Appeals Permit No. 6251 RESOLVEDgrants a refund of $100.00 that the Town Board of the Town of Southold hereby to M & D Meyran for Zoning Board of Appeals Permit No. 6251 at the recommendation of the Zoning Board because the application was withdrawn. ? Vote Record - Resolution RES-2009-316 ? 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 2009-317 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Property Disposition Services Agreement Between the Town of Southold and PropertyRoom.Com, Inc. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Property Disposition Services Agreement between the Town of Southold and PropertyRoom.com, Inc. regarding online auctioning services for a period of two years commencing on April 1, 2009, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-317 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-318 April 21, 2009 Page 18 Minutes Southold Town Board Meeting CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and the County of Suffolk RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and the County of Suffolk in connection with the 2009 Youth Services Program, in an amount not to exceed $10,585, commencing on January 1, 2009 through December 31, 2009, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-318 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-319 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Statement of Work for Services Between the Town of Southold and IBM (International Business Machines Corporation RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Statement of Work for Services between the Town of Southold and IBM (International Business Machines Corporation) for four (4) hours of consultation to update the Town Hall IBM I520 Server, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-319 ? 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 April 21, 2009 Page 19 Minutes Southold Town Board Meeting 2009-320 CATEGORY: Grants DEPARTMENT: Public Works Bittner Preserve Grant - NYSDOS RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with NYS Department of State in connection with a grant from NYS Department of State, under the 2007-2008 Local Waterfront Revitalization Program, Environmental Protection Fund for improvements to the Bittner Preserve in the amount of $195,000, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-320 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-321 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Bittner Preserve Grant RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the removal of the house, pool and bulkhead at the Bittner Preserve, in accordance with the plans & specifications prepared by James Richter, RA, Office of the Town Engineer, Town of Southold. ? Vote Record - Resolution RES-2009-321 ? 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 April 21, 2009 Page 20 Minutes Southold Town Board Meeting 2009-322 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Assistant Town Attorney Jennifer Andaloro to Attend the Seminar Entitled “Use of Force, Risk Management and Legal Strategies” at the Suffolk County Police Academy in Brentwood, New York RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Assistant Town Attorney Jennifer Andaloro to attend the seminar entitled “Use of Force, Risk Management and Legal Strategies” at the Suffolk County Police Academy in Brentwood, New York , on May 4, 2009. All expenses for registration and travel are to be a charge to the 2009 Town Attorney budget. ? Vote Record - Resolution RES-2009-322 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-323 CATEGORY: Refund DEPARTMENT: Town Clerk Grant a Refund of $500.00 to Arlene Marvin for a Lot Line Change Application to the Planning Department RESOLVEDgrants a refund of $500.00 that the Town Board of the Town of Southold hereby to Arlene Marvin for a lot line change application to the Planning Department at the recommendation of the Planning Department because it was determined an application was not necessary. ? Vote Record - Resolution RES-2009-323 ? 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 April 21, 2009 Page 21 Minutes Southold Town Board Meeting 2009-324 CATEGORY: Equipment DEPARTMENT: Public Works DPW - Field Groomer RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the purchase of a Field Groomer for the Department of Public Works. ? Vote Record - Resolution RES-2009-324 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? ??Albert Krupski Jr. Voter Withdrawn ?? Supervisor's Appt ???????? Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Seconder ?? Rescinded ???????? Scott Russell Voter Next: May 5, 2009 4:30 PM 2009-325 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with the County of Suffolk for the 2009 STOP-DWI Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk for the 2009 STOP-DWI Program in an amount not to exceed $19,000.00, for the term January 1, 2009 through December 31, 2009, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-325 ? 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 April 21, 2009 Page 22 Minutes Southold Town Board Meeting 2009-326 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk New York State Town Clerks Association Conference RESOLVED grants permission to Town that the Town Board of the Town of Southold hereby Clerk Elizabeth A. Neville to attend the New York State Town Clerks Association Annual Conference on April 25, 2009 through April 29, 2009 in Rochester, New York. All expenses for registration, lodging, and travel to be a legal charge to the 2009 Town Clerk General Fund budget (meetings and seminars). ? Vote Record - Resolution RES-2009-326 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-327 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to Cub Scout Pack 39 to Close Bailey Beach Road and the North End of Inlet View Drive in Mattituck for Its Annual Cubmobile Race on Saturday, June 6Th 2009 from 8:00 AM to 12:00 Noon RESOLVEDgrants permission to Cub that the Town Board of the Town of Southold hereby Scout Pack 39 to close Bailey Beach Road and the north end of Inlet View Drive in th Mattituck for its Annual Cubmobile Race on Saturday, June 6 2009 from 8:00 AM to 12:00 noon , provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. April 21, 2009 Page 23 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-327 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-328 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Southold American Legion to Host the Annual Memorial Day Parade in Southold on Monday, May 25, 2009 Beginning at 10:00 AM RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold American Legion use the following route: from Boisseau Avenue, west on Route 25 to the American Legion Hall at the corner of Route 25 and Tuckers Lane; and to line up along Boisseau Avenue and Hobart Road, for the Town’s Annual Memorial Day Parade in Southold, on Monday, May 25, 2009, beginning at 10:00 AM , provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2009-328 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-329 CATEGORY: Employment - Town DEPARTMENT: Accounting Heather Lanza Permanent Position WHEREAS the Town Board of the Town of Southold has provisionally appointed Heather April 21, 2009 Page 24 Minutes Southold Town Board Meeting Lanza to the position of Town Planning Director effective August 29, 2007 and WHEREAS Heather Lanza has taken and passed the Civil Service examination for Town Planning Director, and is reachable on the Suffolk County Department of Civil Service List of Eligible’s for the competitive position of Town Planning Director, and WHEREAS the Town Board of the Town of Southold has determined that it is the best interest of the Town to appoint Heather Lanza to the permanent position of Town Planning Director from said List of Eligible’s, now therefore be it RESOLVEDappoints Heather Lanza to that the Town Board of the Town of Southold hereby the position of Town Planning Director from the Suffolk County Department of Civil Service effective April 21, 2009 List of Eligible’s , with no salary change. ? Vote Record - Resolution RES-2009-329 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-330 CATEGORY: Employment - Town DEPARTMENT: Accounting Permanent Principal Planner Mark Terry WHEREAS the Town Board of the Town of Southold has provisionally appointed Mark Terry to the position of Principal Planner effective May 8, 2007 and WHEREAS Mark Terry has taken and passed the Civil Service examination for Principal Planner, and is reachable on the Suffolk County Department of Civil Service List of Eligible’s for the competitive position of Principal Planner, and April 21, 2009 Page 25 Minutes Southold Town Board Meeting WHEREAS the Town Board of the Town of Southold has determined that it is the best interest of the Town to appoint Mark Terry to the permanent position of Principal Planner from said List of Eligible’s, now therefore be it RESOLVEDappoints Mark Terry to that the Town Board of the Town of Southold hereby the position of Principal Planner from the Suffolk County Department of Civil Service List of effective April 21, 2009 Eligible’s , with no salary change. ? Vote Record - Resolution RES-2009-330 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-331 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Ad E.E.I. East End Inspection Agency, LLC as Electrical Insp. RESOLVED that the Town Board of the Town of Southold hereby designates the Chief E.E.I. East End Inspection Agency, Inspector and/or each of the duly appointed inspectors of LLC, East Quogue, New York, as Electrical Inspectors of the Town of Southold , to make inspections and reinspections of all electrical installations, commencing immediately through December 31, 2009, all in accordance with Chapter 126 (Electrical Inspections) of the Code of the Town of Southold and all in accordance with the office of the Town Attorney; and be it further RESOLVED , that E.E.I. East End Inspection Agency, LLC, in accordance with Chapter 126 of provide the Town with a Certificate of Liability Insurance in the the Town Code, shall amount of Nine Million Dollars , naming the Town of Southold as an additional insured and all in accordance with the Town Attorney. April 21, 2009 Page 26 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-331 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-332 CATEGORY: Employment - Town DEPARTMENT: Accounting Permanent Position Tamara Sadoo WHEREAS the Town Board of the Town of Southold has provisionally appointed Tamara Sadoo to the position of Planner effective June 9, 2008 and WHEREAS Tamara Sadoo has taken and passed the Civil Service examination for Planner, and is reachable on the Suffolk County Department of Civil Service List of Eligible’s for the competitive position of Planner, and WHEREAS the Town Board of the Town of Southold has determined that it is the best interest of the Town to appoint Tamara Sadoo to the permanent position of Planner from said List of Eligible’s, now therefore be it RESOLVEDappoints Tamara Sadoo to that the Town Board of the Town of Southold hereby the position of Planner from the Suffolk County Department of Civil Service List of Eligible’s effective April 21, 2009 , with no salary change. ? Vote Record - Resolution RES-2009-332 ? 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 29. Resolution 332 Comments April 21, 2009 Page 27 Minutes Southold Town Board Meeting COUNCILMAN WICKHAM: I second this resolution and I would like to say that I think I speak for the whole Board, in saying that we are very grateful for having really high qualified town employees and the three people who tonight merited permanent employment have passed their civil service exams, they have done an exemplary job here in the Town and I am wondering if some of them are in the audience, if they would like to just stand up and be recognized? COUNCILMAN ORLANDO: No pressure, Mark. 2009-333 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Resignation Theresa Van Etten RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby _Theresa Van Etten from the position of Account Clerk in the Building Department , effective May 29, 2009. ? Vote Record - Resolution RES-2009-333 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? ??Albert Krupski Jr. Voter Withdrawn ?? Supervisor's Appt ???????? Thomas H. Wickham Initiator ?? Tax Receiver's Appt ???????? Louisa P. Evans Seconder ?? Rescinded ???????? Scott Russell Voter Next: May 5, 2009 4:30 PM 2009-334 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk FIFD Computer Upgrade RESOLVEDauthorizes the Fishers Island that the Town Board of the Town of Southold hereby Ferry District Board of Commissioners to engage Star Computers of Niantic, CT to furnish and install the necessary hardware and software to develop a Virtual Private Network that is internet based and will link the New London offices together with the Fishers Island offices for the contracted price of $9475.00. April 21, 2009 Page 28 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-334 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-336 CATEGORY: Coastal Erosion DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Retain En-Consultants, Inc. to Perform a Review and Render an Opinion in Connection with Robert Bombara’s Coastal Erosion Appeal, RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to retain En-Consultants, Inc. to perform a review and render an opinion in connection with Robert Bombara’s Coastal Erosion appeal , in accordance with their Proposal dated April 20, 2009, at a rate of $250.00 per hour, with a minimum fee of $1,500.00 and an estimated 10 to 15 hours of work, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-336 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-337 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Daniel McCarthy to Part Time Clerk Typist RESOLVEDappoints Daniel McCarthy that the Town Board of the Town of Southold hereby to the position of a part-time Clerk Typist for the Town Clerk/Records Management Department, effective April 22, 2009, at a rate of $12.74 per hour. April 21, 2009 Page 29 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-337 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-338 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Multi-Modal Program Capital Project Agreement WHEREAS , a Project for the installation of flashing school zone signage for the Mattituck- Cutchogue School District with speed indicator signs, P.I.N. #OMA140.30A (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, and New York State’s Multi-Modal Program administered by the NYS Department of Transportation (“NYSDOT”); and WHEREAS , the Town of Southold desires to advance the Project by making a commitment of advance funding of the non-local share and funding of the full local share of the costs of the Project. NOW, THEREFORE , the Town Board of the Town of Southold, duly convened be it RESOLVED that the Town Board of the Town of Southold hereby approves the above subject Project; and it is further RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town of Southold to pay in the first instance 100% of the federal and non-federal share of the cost of the installation of the flashing beacon work for the Project or portions thereof; and it is further RESOLVED that the sum of $95,000 is hereby appropriated from the Traffic Control Budget in the General Fund and made available to cover the cost of participation in the above phase of the Project; and it is further April 21, 2009 Page 30 Minutes Southold Town Board Meeting RESOLVED that in the event the full federal and non-federal share costs of the Project exceeds the amount appropriated above, the Town of Southold shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof; and it is further RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Multi-Modal Program Funding on behalf of the Town of Southold with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and all Project costs that are not so eligible; and it is further RESOLVED that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED that a certified copy of this Resolution be filed with the Commissioner of Transportation of the State of New York by attaching it to any required and/or appropriate Agreements executed in connection with the Project between the Town of Southold and the State of New York; and it is further RESOLVED that this Resolution shall take effect immediately. ? Vote Record - Resolution RES-2009-338 ? 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 April 21, 2009 Page 31 Minutes Southold Town Board Meeting 2009-339 CATEGORY: Policies DEPARTMENT: Town Clerk Adopt a Cell Phone Policy RESOLVEDadopts the following that the Town Board of the Town of Southold hereby POLICY regarding the usage of cell phones: The Town of Southold provides cellular telephones to some employees as a business tool. Cell phones are provided to assist employees in communicating with management and other employees, residents, associates, and others with whom they may conduct business. Cell phones will be used strictly for official Town business by employees and officials. Cell phone assignments will be granted in cases where it can be demonstrated that such use will improve efficiency, or enhance safety and emergency response. Assignment of Town cell phones shall be restricted to officials and employees who: ? must be accessible at all times at meetings or similar functions due to the nature of their duties, OR ? travel from their assigned work sites on official Town business for a significant part (25% or more) of their normal work day, AND ? have a frequent and continuing need to communicate with others on official Town business while away from the assigned work site. Requests for cell phone assignments shall be made by the appropriate department head and submitted to the Town Supervisor for approval. Whenever a position becomes vacant, that cell phone assignment shall be reevaluated; Employees may have access to a cell phone while in their cars and should remember that their primary responsibility is driving safely and obeying the rules of the road. Employees are prohibited from using cell phones to conduct business while driving and should safely pull off April 21, 2009 Page 32 Minutes Southold Town Board Meeting the road and come to a complete stop before dialing or talking on the phone. As a representative of the Town of Southold, cell phone users are reminded that the regular business etiquette employed when speaking from office phones or in meetings applies to conversations conducted over a cell phone. ? Vote Record - Resolution RES-2009-339 ? 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 36. Resolution 339 comments COUNCILMAN WICKHAM: And I should say that this is a project that Vincent Orlando, of our Board, has taken a lot of initiative with and has basically brought to us. And it provides, the following is the policy that the Town will adopt in regard to making cell phones available to employees of the Town in a way that is cost effective to the Town. 2009-340 CATEGORY: Employment - Town DEPARTMENT: Accounting Full Time Appointment Confidential Secretary RESOLVEDappoints Sandra Berliner that the Town Board of the Town of Southold hereby to the position of Confidential Secretary for the Supervisor, effective April 22, 2009, at a rate of $54,691.00 per annum. ? Vote Record - Resolution RES-2009-340 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-341 CATEGORY: Support Resolution DEPARTMENT: Town Clerk April 21, 2009 Page 33 Minutes Southold Town Board Meeting Support Reform to Federal Regulations for Comm. Fish RESOLVEDsupports the following resolution that the Town Board of the Town of Southold in regard to reforms to Federal Regulations which Impact Commercial Fisheries: Resolution Supporting Reforms to Federal Regulations Which Impact Commercial Fisheries WHEREAS, commercial fisheries are a critical component of eastern Long Island's local economy, and like its agricultural traditions, constitute an important aspect of the area's heritage; and heavily WHEREAS; the fishing industry operates within one of the most regulated business environments in the nation, with an administrative framework from multiple layers of government such as the federally appointed Marine Fisheries Councils, the States' Atlantic Marine Fisheries' Commission, the United States Congress, the National Marine Fisheries Services, the US. Department of Commerce, the New York State Legislature, and the New York State Department of Environmental Conservation; and WHEREAS, the federal and state regulations' promulgated from these and other entities have negative resulted in significant and continuing consequences to commercial fishermen and related industries; including resort tourism, restaurants, and recreational aspects of the region's economy; and WHEREAS, the nationwide economic downturn is further compounding the problem and government remove community advocates are calling upon to onerous burdens and stream line regulations, particularly those which have been called into question for longstanding creating inequities across the northeastern United States; and WHEREAS, over the years, numerous efforts at reform have been undertaken for public consideration such as the East End Economic & Environmental Task's blueprint for Our Future, the Pombo-Frank bill in House of Representatives, as well as a myriad of initiatives from individual lawmakers and advocacygroups; and WHEREAS, United States Senator Charles Schumer of New York has proposed a standardization of the quotas for the northeast region to level the playing field for commercial fishermen, and to ease draconian deadlines and onerous restrictions which have been based upon questionable statistical methods: and now THEREFORE BE IT RESOLVED that the East End Supervisors and Mayors Association hereby adopts this resolution in support of federal legislation to ensure parity for Long Island in regard April 21, 2009 Page 34 Minutes Southold Town Board Meeting to other states such as Connecticut, New Jersey, and Rhode Island; and BE IT FURTHER RESOLVED, that among those reforms supported by the East End Supervisors and Mayors Association are those put forth by Senator Schumer, which included: (1) changes to length of fishing seasons, along with the number and size of fish that maybe kept; (2) developing and evaluating a new type of data collection system to ensure the most accurate statistics are used in considering future recommendations; (3) an annual analysis of the cumulative socioeconomic impacts to a fishing community when determining timelines, cutbacks, and quotas, as well as developing multiyear management plans to reflect an average of fishing quotes, rather than attempting to offset annual fluctuations; and BE IT FURTHER RESOLVED, that the East End Supervisors and Mayors Association shall send a copy of this resolution to U.S. Senator Charles Schumer, U.S. Senator Kirsten Gillibrand, U.S. Congressman Timothy Bishop; N.Y State Senator Kenneth LaValle, N.Y. State Assemblyman Fred Thiele, N.Y; State Assemblyman Marc Alessi, N.Y. State Governor David Levy, Paterson, Suffolk County Executive Steve Suffolk County Commissioner of Economic Development and Workforce Housing Patrick Heaney. ? Vote Record - Resolution RES-2009-341 ? 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 2009-342 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and Coastal Steward Adopt-A-Beach Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Coastal Steward Adopt-A-Beach Program regarding the organization of volunteer clean-up programs on certain Town beaches, as prioritized by the Town Board, subject to the approval of the Town Attorney. April 21, 2009 Page 35 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-342 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 40. Resolution 342 comments COUNCILMAN KRUPSKI: And that is something that is going to be enforced not only on the beach programs but also on any town owned open space and if anyone has any suggestions on what areas would need cleaning up, the Town Board certainly would like input on that. 2009-343 CATEGORY: Public Service DEPARTMENT: Town Attorney Wedding Ceremonies on Public Beaches RESOLVEDadopts the application that the Town Board of the Town of Southold hereby form submitted by Recreation Director Kenneth Reeves, for the use of Southold Town beaches for the purpose of Wedding Ceremonies. ? Vote Record - Resolution RES-2009-343 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-344 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH LL 6/2/09 4:35 Pm Penalties - Zoning WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 21st day of April, 2009, a Local Law entitled relation to Amendments to Penalties in the Southold Town Code” now, therefore, be it April 21, 2009 Page 36 Minutes Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the nd 2 day of June, 2009 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Penalties in The proposed Local Law entitled, the Southold Town Code” reads as follows: LOCAL LAW NO. 2009 “A Local Law in relation to Amendments to Penalties in the Southold A Local Law entitled, Town Code” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The Town Board has reviewed the penalties associated with violations of the Zoning Chapter of the Town Code and determined that insofar as the fines have not been updated in many years, do not reflect a fair and appropriate assessment against those in violation of this chapter, and are not consistent with the penalty schedules in other chapters in the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and assert punitive remedy where warranted. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-33. Penalties for offenses . Any violation of any provision of this article shall be punishable in the following manner: A. First offense: by a fine of not less than $1,000 nor more than $5,000. B. Second offense and for any offense thereafter: by a fine of not less than $5,000 and not more than $10,000 for each offense. C. Any offense under this article may be punishable by revocation of an existing certificate of occupancy. D. Any individual who has violated covenants and resolutions imposed pursuant to this article shall be prohibited from further participation in ownership opportunities and benefits within an approved AHD District. §280-155. Penalties for offenses. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building April 21, 2009 Page 37 Minutes Southold Town Board Meeting Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who any person, including an owner, contractor, agent or other person who shall fails to comply with a written order or notice of any Building Inspector, Zoning Ordinance Inspector, or Code Enforcement Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine of not exceeding $500 $5000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2009-344 ? 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 2009-345 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Student Intern for Stormwater Mitigation RESOLVEDappoints Meaghan Burke that the Town Board of the Town of Southold hereby to the position of Student Intern in the Planning Department at a rate of $12.00 per hour, said appointment starting on or about May 18, 2009 and ending on or about August 15, 2009, with the costs associated with this employment to be funded in full or in part by grant contract C303426, April 21, 2009 Page 38 Minutes Southold Town Board Meeting Peconic Estuary Program – Hashamomuck Pond between the Town and the NYS Department of Environmental Conservation or other storm water mitigation grant contracts with other state agencies . ? Vote Record - Resolution RES-2009-345 ? 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 44. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell VI. Public Hearings 1. LL Docks PH 4/21/09 7:35 Pm RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Councilman Thomas Wickham NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the th Town Board of the Town of Southold, Suffolk County, New York, on the 24 day of March “A Local Law Amending Chapter 275 in Relation to Residential 2009 a Local Law entitled Docks located in or over Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor and Gardiners Bay” 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, st 21 day of April 2009 at 7:35 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. April 21, 2009 Page 39 Minutes Southold Town Board Meeting “A Local Law Amending Chapter 275 in Relation to The proposed local law entitled, Residential Docks located in or over Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor and Gardiners Bay” reads as follows: LOCAL LAW NO. OF 2009 “A Local Law Amending Chapter 275 in Relation to Residential A Local Law entitled, Docks located in or over Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor and Gardiners Bay” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In 2005, the Town Board updated Chapter 275 of the Town Code. The Amended chapter was designed to provide necessary regulation of wetlands and natural resources throughout the Town of Southold. It has become necessary to make additional amendments to the Code to ensure for the residents of the Town both a clear understanding of the Code and continued protection of natural resources. The amendments include additional regulations for residential docks and areas that have significant public value and natural resource designations. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: §275-2. Definitions; word usage. The following definition shall be added to §275-2: DOCK TERMINUS - the most seaward point of any structure including, but not limited to, piles, catwalks, dolphins, and floating docks. §275-11C(2)(c) Regulations for the placement and configuration of docking facilities. [1] Residential docks. [Amended 10-11-2005 by L.L. No. 17-2005] [a] Only one catwalk may be permitted per residential lot. Only one mooring or dock may be permitted per residential lot. Upon a showing of special need due to low water level and/or hazard to property, the Trustees may permit both a mooring and a dock for the same residential property. [Amended 12-18-2007 by L.L. No. 23-2007] [b] If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the April 21, 2009 Page 40 Minutes Southold Town Board Meeting pilings: [i] It is no larger than six feet wide and 20 feet long except on Fishers Island if the need is demonstrated; or of equal square footage as determined by the Trustees; [Amended 12-18-2007 by L.L. No. 23-2007] [ii] No part of the floating dock will contact the bottomland during a normal low tide. [c] In determining the permitted length of a proposed residential dock, the Trustees shall seek to maintain lengths consistent with the other docks (i.e., pier line) in the waterway which meet the requirements of this chapter. [d] Pilings shall not project more than three feet above the surface of a dock or catwalk unless a need for greater height is demonstrated. [e] All excess fill from installation of pilings must be removed from tidal or freshwater wetland area on the same day as installation and disposed of in an approved upland disposal area. [f] Tie-off poles associated with residential docks will only be permitted to secure only one vessel. If the dock utilizes a float, the poles shall not project farther seaward than the outer edge of the float. If a float is not used, the pole(s) can be situated seaward of the end of the dock sufficient to secure the vessel. [g] Only one handrail is permitted on a residential dock unless upon a showing of special need, the need for two is demonstrated. Rails shall not be higher than three feet above the surface of the dock and posts shall not be placed closer than six feet on center or larger than four inches by four inches in dimension. [h] Residential catwalks and ramps are limited to four feet in width. [i] Residential boatlifts, floating or fixed, are prohibited, except in privately owned basins on private property at the discretion of the Board of Trustees. [Amended 12-18-2007 by L.L. No. 23-2007] [2] Residential docks located in or over Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor and Gardiners Bay (excluding all creeks) shall comply with the following standards. [a] Prohibited activities and exclusion. [i] Docks are not permitted within or over Northeast Coastal Areas April 21, 2009 Page 41 Minutes Southold Town Board Meeting Study Significant Coastal Habitat Areas or a New York State Department of State Significant Coastal Fish and Wildlife Habitat Areas or where a lot is within two or more of the following designations: 1. New York State Department of Environmental Conservation Critical Environmental Areas. 2. New York State Department of Environmental Conservation Water Quality Designation - Saline (A) Areas. 3. Peconic Estuary Program Critical Natural Resource Areas. 4. New York Department of State Department of State Fairly Productive and Most Productive Shellfishing Seeding and Harvest Areas. [ii] Docks are not permitted in Pipes Cove from the Village of Greenport boundary west to the southernmost limit of Conkling Point based upon the public resource and ecological functions and values of the area. [iii] Exclusion: MI and MII zoned properties and the Orient Harbor shoreline area between Skippers Lane and King Street are excluded from this standard. [b] Additional regulations: [i] In areas where docks may be permitted (as depicted on the Town of Southold Dock Management Map dated March 5, 2009, as amended), dock structures shall: 1. Align perpendicular to the shoreline. 2. In no case exceed the total length necessary, as measured from the mean high water line (MHW), to achieve a minimum average water depth of four (4) feet mean low water (MLW) at the dock terminus. i. Average water depth shall be measured at a typical low tide(not to exceed one hour from the NOAA predicted time) pursuant to the following method (See attached Figure1). 1. Establish the center point of the proposed dock terminus. 2. Establish a fifteen (15) foot radius circle from the center point of the proposed dock terminus. 3. Measure the water depth at the following five (5) locations: April 21, 2009 Page 42 Minutes Southold Town Board Meeting a. Center point of dock terminus. b. Four additional points on the fifteen (15) foot radius circle spaced at ninety (90) degree intervals with first point on fifteen (15) foot radius seaward from the center point in the direction of the proposed dock. 4. Any location dredged or otherwise disturbed by man-made activity shall not be included in the calculation of average water depth. 5. The date and time of all measurements and weather conditions as reported by NOAA shall documented. 6. In no case exceed a total length of eighty (80) feet (including dolphins and pilings) measured seaward from the mean high water (MHW) line. 7. Achieve a minimum catwalk height of three (3) feet over the MHW line or be constructed seaward of the MHW line. 8. Be constructed with open-grid decking to achieve a minimum of fifty percent (50%) incoming solar radiation to the water surface. 9. Be oriented north/south to the greatest extent practicable. 10. The use of Chromated Copper Arsenate ( CCA) treated piles is prohibited. Piles shall be constructed of local hardwoods, recycled plastic or other materials as approved for marine use by the Board of Trustees. Figure 1. Water depth measurement method. April 21, 2009 Page 43 Minutes Southold Town Board Meeting Proposed Dock Catwalk or Float Pt 4 @ 90 degrees from Pt 3 Dock Center Point: Pt 1. . Mark with pole Pt 5 @ 90 degrees from Pt 4 Pt 3 @ 90 degrees from Pt 2 15 Foot Radius Circle Pt 2: 15 feet seaward from Center Point Pt 1. [ii] Exclusion: Yacht Clubs and Boat Clubs are excluded from [b][i]. [2] [3] Commercial docks (marinas, yacht clubs and restaurants). Text remains the same. [3] [4] Dredging. Text remains the same. 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. That is a brief summary of the proposed law that is on for public hearing tonight. I have a notice that it has appeared in the local newspaper as a legal, it has also appeared on the Town Clerk’s bulletin board outside and I have here from the chair of the Planning Board a brief note received on April 21 regarding this proposed law. And I will read it briefly. ‘Legislation as crafted supports the Town’s long standing planning goals for providing a comprehensive framework to April 21, 2009 Page 44 Minutes Southold Town Board Meeting achieve the proactive management of the Town’s natural resources. Further, these amendments work to guarantee the overall public interest in protecting, preserving, enhancing and the Town’s sensitive environments and will effectively help to promote the economic viability of the maritime working landscape. Specifically, this legislation conforms with and supports numerous planning goals such as helping to enhance, protect visual quality of scenic resources throughout the Town, protect and restore proper functioning and integrity of coastal eco-systems, and insures that the public will have continued access to the varied recreational uses of the Town’s public lands and water. For the above sited reasons and because this legislation is in keeping with the overall planning goals, the Planning Board supports the proposed legislation.’ I have here another letter from Gwynne Schroeder dated April 21. ‘Dear Supervisor and Board members, I am writing in strong support of this law. The science is definitive. Shoreline hardening in the form of docks, catwalks, bulkheads and other structures has had deleterious impacts on our local marine environment. In addition we are facing a global environmental crisis to which we must respond accordingly. It is imperative that legislative bodies act to protect natural resources at a local level. I am sure you will hear much about infringement of property rights during this evening’s hearing but it is the job of the Town Board to put what is in the best interest of the community as a whole above the desires of the few. Human behavior has led to degradation of Peconic Bay and surrounding waterways over the past several decades but we now know the consequence of these behaviors. We know too much not to act. By adopting this legislation which protects critical environmental areas, you will have an opportunity to halt some of the degradation and perhaps restore some of what has been previously lost. Sincerely yours.’ This is from Mark Terry, Principal Planner, dated March 25. ‘I am in receipt of the Board’s memorandum dated March 23 submitted to the Town Board. The memorandum summarizes survey of permitted docks, establishes a mean overall length of 110 feet. Although the Board presents important information, the letter implies the previous, this is an incorrect assumption.’ I don’t think this is germane to this particular public hearing. And I was expecting an LWRP statement of consistency. COUNCILMAN KRUPSKI: I think it is too early for that. COUNCILMAN WICKHAM: Okay. This is all that I have in the file for tonight. We are open for public comment. Supervisor Scott A. Russell SUPERVISOR RUSSELL: Let me just say, Jay, before I go to you. Again, there is no proposed action tonight. The Town Board is sincere in wanting to hear from everybody. Both sides of the issues and say if there are many imperfect elements of this, let’s have reasonable discourse and see what we can do about working these issues out. No action tonight, we really are just interested in hearing from everybody. Jay Bredemeyer, Orient? Jay Bredemeyer, Orient JAY BREDEMEYER: Good evening, Mr. Supervisor. Lady and Council members, my name is John Bredemeyer, I live in Orient. By way of disclaimer for those of you who don’t know me, I was a Town Trustee in this Town for 10 years, and I have been employed in the Suffolk County Department of Health’s Marine Unit with activities in the Peconic Estuary program for the past 25 years. I in no way represent my current employer, the Suffolk County Health Department nor April 21, 2009 Page 45 Minutes Southold Town Board Meeting our wonderful Trustees in the Town. I do take, however, a slightly different view than the agency information offered by Councilman Wickham. I have seven brief comments, do you have a general time on this? It shouldn’t take more than about five minutes. SUPERVISOR RUSSELL: No, of course not. Feel free. MR. BREDEMEYER: Okay. I think it is a noble start. All these comments are on my own. I believe that the proposed amendments greatly under serve the Town’s long term best interest by failing to recognize the riparian right to wharf out as a property right with an upside potential to generate income for the town and create possible low cost dockage for bay men as well as structure for local aquacultures to hang shellfish racks. The ordinance should be constructed in such a fashion to encourage support for local industry, particularly since we haven’t seen a bunch of people rush in to put docks up. Most people realize they are hugely expensive to put up and for those people who don’t want to participate in a program to provide additional public access, there should be payments in lieu of public access as part of annual permitting. Number two, by failing to follow a more rigorous EIS procedure, the stacking of environment zones and studies within the ordinance as a justification to deny dock permits especially with the very difficult 80 foot length, unnecessarily denies water access for residents without facts generated on the ground. The, a similar regime if applied to other permits in the Town could be used as the basis for bans for such relatively minor structures as decks and barbecues. This, take it or leave it stack approach to environmental protection is static and doesn’t properly account for the dynamic nature of the coastal environment, including sea level rise. And will likely create a class of property owners who will not cooperate in the future with extremely costly measures that are going to be necessary to protect our coastal systems because you are going to separate them from the simple pleasures of a dock. Number three, not properly investigating from a range of alternatives, this current ordinance needs so much work, it definitely disserves the Town’s interest because it does not properly investigate from a range of alternatives. The issue of the Town’s long term docking and mooring needs in relation to environmentally suitable spaces, we don’t have enough space and there is not enough room in the creeks. As such, this ordinance is a segmentation of a larger problem. This is good to start the talk now, it is a good time to start but we have got a bigger problem. Number four, this ordinance greatly disserves the long term interests of the Town in that it is creating an ordinance with too many special classes of citizens and special exceptions, oh, it is okay for yacht club, it is okay for clubs, it is okay here but then it is not okay there. Oh, well, this little segment here. There should be a discussion of a range of all, a serious look what we are trying to protect. Again, it does not properly serve the long term interests of the Town, it doesn’t properly account for the needs of individuals with physical disabilities. Especially those that might be returning as wheelchair bound veterans who might benefit from wheelchair access to a quiet, private dock. An on shore, off shore state is not a substitute for a dock. Compared to even relatively minor winds, all are handicapped with respect to the forces of wind and wave and a dock provides security and safety and it also provides a point of refuge and a point to get off the island when things get really rough. Number six, your ordinance as proposed contains factual misinformation. CCA was banned by the United States Environmental Protection Agency in 2003. There are probably several hundred thousand CCA posts that are rotting and leaching chemicals into the ground water and into the lines we drink. Now, I am not saying that is an excuse to, the current product is not called CCA, so if you are April 21, 2009 Page 46 Minutes Southold Town Board Meeting working on a new ordinance, let’s tidy it up, let’s call it what it is. It has a new acronym, it doesn’t contain arsenic. Lastly, this ordinance greatly disserves the people of the Town by de- linking the citizens of the Town from their marine heritage and access to their waters through their own properties while making no similar restrictions on users of other public thoroughfares. How is it that a citizen can have an antenna to receive or send radio or tv signals, you know, through the common airwaves or be encouraged to have a tower with a turbine on it to get free wind for electricity or have a driveway to access the common roadways which choke out all life and vegetation beneath and traverse the same highway with a polluting vehicle, yet under this ordinance nearly all the Town would be barred from owning a dock with docking for a singular sailboat to be powered by the wind. Thank you very much. SUPERVISOR RUSSELL: Who would like to go next? Would anybody like to come up and comment on the issue? Jack Kelly, Orient JACK KELLY: My name is Jack Kelly from Orient. My concern is not in the specifics that you, I understand that this is still at a preliminary stage, it is really with the purpose of the changes and in particular the risk to the Town and the cost to the taxpayers of litigation about eminent domain and the taking by regulation. I attended the meeting held in East Marion where the State and consultants held forth on docks and wharfs in the water and I was concerned that that was largely and I don’t know who the worst guy was, whether he was a consultant or not, but he was largely stating that the way to go to get rid of docks is to regulate them to death and you know, that is a concern because there is litigation as you probably know going on all across the country on eminent domain takings by over regulations. I am not saying that this is over regulation but I was wondering if the Town Board could make a public statement of some kind saying that that is not their intention and you are not trying to eliminate the docks but you are rather just regulate them in a common sense way. SUPERVISOR RUSSELL: I can’t speak for the rest of the Board. There are some aspects of this that are probably without a doubt, over reaching. But the absence of any regulatory language is probably not a good thing either. MR. KELLY: I agree. SUPERVISOR RUSSELL: We have pending litigation because the Trustees have said no in the past to docks in the Bay. Some have been approved, some haven’t. Without any objective standard, we are still litigating, we are still being hit with those costs. To bring something on the table so that everyone has a clear understanding of what we can and can’t have in terms of length and design standards and all of that would probably be better from a legal perspective, although I defer to the Town Attorney before I try to answer an attorney’s question. But again, there is a lot of this, for instance, I didn’t see a consensus on the Board at all, the CCA ban. Namely because of the lack of good products out there right now. Some day, there might be better products. Right now we don’t see any. There was no consensus for a ban on CCA. But it was left in, so that again, the discussion can start on all of this. And I don’t think it is the intention of the Town Board to do away with docks completely and then get litigated to death. It is not our intention at all. I would like to see good dialogue on what design standards are good, what lengths are good. April 21, 2009 Page 47 Minutes Southold Town Board Meeting You know, we had an application about 18 months, two years ago from a guy that owned a 60 foot wide piece of property that applied for a 165 foot dock, out at an angle. I had a Trustee on site that said, I don’t see a problem with this. Well that, they probably need to bring some guidance into that so. MR. KELLY: I agree. Thank you. COUNCILMAN KRUPSKI: And also, a lot of what you mentioned about eminent domain, most of these docks are built on public property and it is the concern for the public’s rights that at the forefront here. MR. KELLY: Yes, there is a consideration there but the docks have existed from eons ago and the question is, there clearly is a right there because there have been recently articles in the local press that a dock adds up to a quarter of a million dollars of value to a lot. So there is value there and taking that away will just invite the litigation that is going to be very expensive. SUPERVISOR RUSSELL: Who else would like to come and address the Town Board on this issue? Gail. Gail Wickham, Mattituck. Abigail Wickham, Cutchogue ABIGAIL WICKHAM: Hi. My name is Abigail Wickham, actually of Cutchogue. My family and I own a bay front piece of property in New Suffolk. My parents worked very hard for it and I am working very hard to keep it. We do not have a dock but our neighbors do have a dock as well as several further down the Bay and they have probably had them there for easily 100 years. I think those docks have as much shellfish and fish life and whatever the marine term for fauna is, as anywhere else in that vicinity of the Bay. I don’t understand why a dock is being zeroed in on as having a devastating effect on the Bay that some of the other things do, provided they are reasonably regulated. I don’t for the life of me understand why I should be severely restricted or outright prohibited from having a dock as long as I do comply with what are reasonable regulations. And I can’t believe that our forefathers, with their very strong sense of privacy rights and private property rights and their strong history of waterfront access and activities could even believe that we would be here tonight considering this to this degree. With respect to some of the details, I think 80 feet sounds to me as a very arbitrary figure and it doesn’t take into account perhaps the actual water depth at the site, the width of the Bay at that site or other docks in the vicinity. Some, there may be at least 40 feet between a high tide line and a low tide line on some beaches, so right there you have used up half of your length. Similarly, with the three foot height restriction, it seems somewhat arbitrary without looking at the exact standards of the locale. I am also concerned that the designation of the prohibited areas, where docks are not allowed at all, could expand greatly with just the stroke of a pen in a bureaucratic process and not necessarily even be subject to a public hearing. I think the access is to a large extent a put up issue. I think that reasonable regulations could be employed to allow access across a dock, a beach with a dock on it. I further don’t understand how much worse, for instance, on our property could be than the 20 or 30 of unregulated moorings that are out there in the middle of the bay, people just drop the anchors, the agencies have declined jurisdiction for many, many years. Their anchor cords must scour in a circumference every time the tide and the wind changes, a much larger area than anything that could be impacted by stationary docks. Often, April 21, 2009 Page 48 Minutes Southold Town Board Meeting those vessels have no financial or insurance capability by the owners and the owner of, the upland owner of a dock, would I think, be careful to maintain their structure and certainly there could be reasonable regulations employed to make sure that they do. I further am absolutely at a loss about how we can be sitting here talking about a dock after things like the Town road runoff that must have occurred today in the storm from the streets in the Town that channel all those volumes and volumes of water into the bay and the creeks, the culverts that were just dropped in years ago. I really think that we have to focus on some of the other priorities. So in a nutshell, I question the rationale of this legislation, I question its constitutionality and I question its motivation and I ask you to work on it a lot harder before it is implemented in any form. Thank you. SUPERVISOR RUSSELL: Gail, you raise a good point on the issue of moorings but you have to remember that (inaudible) and I remember having a mooring code here over a year ago submitted by a Trustee, that was so restrictive you couldn’t moor anywhere. We are just trying to balance the use of this public asset. Granted, this law isn’t perfect. I grant you that. But you know, I don’t think we should, we’ll get rid of moorings first and then, let’s work together and figure out how to equitably distribute the use of this public asset and moorings are as historic in this community as docks are, so. COUNCILMAN ORLANDO: Ms. Wickham, I agree with you that 80 foot seems to be arbitrary and I ask them more about it. It seems to have come as an average of the 43 docks on the Bay via Google. Now, after that the Trustees went and pulled the actual permits with the actual surveys and the number is more like 110 and then some, so it is longer than that. MS. WICKHAM: And probably many of those docks that you are basing your average on were put in before the standards that we now have. So their length might not be what it would have today. COUNCILMAN ORLANDO: And the difference between 80 feet and 110 could be three feet to four feet dock or no dock. So it is very important to get an accurate number. SUPERVISOR RUSSELL: I think the Trustees average and it is based on how you calculate, I think it was about 101. The other one which looked at the different areas and then took the median of each, but realistically, 80 or 101, is 101 a better number? That is what we are trying to hear tonight. I am unaware of any standard in the bay right now for dock length restriction. MS. WICKHAM: Well, my point is that perhaps there should be a specific number. There should be a standard as to how you get the dock… SUPERVISOR RUSSELL: That is a good point. COUNCILMAN KRUPSKI: The devil is in the details there and I served on the Board of Trustees with John Bredemeyer who spoke very well, the first speaker and served the Town very well and also Peggy Dickerson is waiting patiently to speak in the back here, and that was always the issue. What is the dock length? Is it based on environmental factors? Is it based on April 21, 2009 Page 49 Minutes Southold Town Board Meeting navigational factors? Is it based on the size of the applicant’s boat? So there is a lot of different factors here, all on public property that have to be considered and to find a standard that meets all the areas of the Bay and all the areas of the creeks is very difficult. Because there are so many variations. MS. WICKHAM: That is why there shouldn’t be one figure. SUPERVISOR RUSSELL: I… COUNCILMAN WICKHAM: Let’s hear the people. SUPERVISOR RUSSELL: Yeah. I understand. Peggy? Peggy Dickerson, Cutchogue PEGGY DICKERSON: Good evening, Peggy Dickerson, Cutchogue. Southold Town Trustee. I stand before you tonight to speak for those who elected me. Some of you may be here tonight but for those who are not, I ask that the Town Board pass this legislation on regulating docks on the Bay. Southold Town has taken bold steps to preserve and protect its farmland but it is many years behind Southampton’s ban on CCA and East Hampton’s ban on docks in the Bay. Not only are we behind in protecting our Bay but we have more hardened shoreline than most east end towns. In an inventory done by the US Fish and Wildlife Service in 2003, Southold Town had 59,705 linear feet of structure. I would like to take a few minutes to reference from some reputable organizations. The Nature Conservancy produced a position paper on shoreline hardening concerns in collaboration with east end Trustees and other officials. The past Board was involved with this. Here are a few excerpts from this document. It says that the Peconic Estuary is at a crossroads. Although the Estuary appears vibrant and healthy, there are constant threats that jeopardize this productive and irreplaceable resource. We must seize this opportunity to preserve what we have now rather than attempting to restore it later. The future of the Estuary depends on timely and responsible decision making, all five of the east end Towns share the environmental, economic and recreational benefits of the Peconic Estuary, thus we share the responsibility for its preservation. It further goes on to say that docks provide private access to public resources, as Mr. Krupski mentioned before. And these public resources are impaired by the continued growth of the number of docks and their related uses. These impairments include a broad range of direct, indirect and cumulative impacts to our coastal ecosystems. Direct impacts include effects on physical processes, natural vistas, habitat structure and biological resources; while indirect impacts include water quality, habitat destruction from increased boat traffic. Our greatest concern, however, is that widespread proliferation of docks and the consequential increase in related uses will have irreversible cumulative impacts on the Estuary’s overall health. It also says the bays and creeks and shoreline are a shared resource, largely owned by the public. Judicial decisions have established that riparian owners have a general right to reasonable access and use of navigable waters adjacent to their private property but this right is limited and does not include the inherent right to a dock in many circumstances. The Peconic Estuary program recommends no net increase in shoreline structures. I have quoted this fact at many Trustee public meetings and still have been out voted and had docks on the Bay approved. I will reference a few sections from a letter I received from Laura Bovaro, who was at the time County coordinator for the Peconic Estuary in this letter that I received as of July 2006. April 21, 2009 Page 50 Minutes Southold Town Board Meeting Hardened shoreline is directly addressed in the Peconic Estuary comprehensive conservation and management plan which was adopted in 2001. The following actions are recommended: manage shoreline stabilizations, docks, piers and slow restrictive structures to reduce or prevent additional hardening and encourage restoration of hardened shorelines to a natural state. There is quite a list, I am just going to read a few. It is recommended to review existing regulations for shoreline hardening structures at all levels of government. Encourage consistent policies and strengthen regulations where appropriate. They recommend to establish and enforce a policy of no net increase of hardened shoreline in the Peconic Estuary and if possible, a net decrease in hardened shorelines. I have a memo here that was sent to the Southold Town Board from the Southold Town Trustees on March 4, 2002. It lists concerns and requests from our Board for the Town Board to consider. One of them, one of the items listed was a need to move forward on regulating docks on the bay, and here we are tonight. And last, I have an article from the New York State Conservationist magazine explaining the value of our estuaries, but I won’t read it, since as a Town we have become more and more aware of the values of our wetlands over the years but I will tell you that it was dated June of 1967. Southold Town is way overdue to regulate docks on its Bay, bay front. So I ask the Board to again, take a bold step in preservation and pass this legislation on regulating docks on the Bay. Thank you for your time. SUPERVISOR RUSSELL: Thank you. I was worried with the passing of Joan Egan that no one was going to hold our feet to the fire, it looks like my fears were unfounded. Who else would like to speak? Jill? Jill Doherty, Town Trustee JILL DOHERTY: Good evening. Jill Doherty, Trustees. First I want to say Jim King wanted to be here tonight but he is a little under the weather. The following comments I am going to make, the first comments are from the whole Board of Trustees, a consensus of the Board. And it is just a couple of comments about word changes. And I notice from what Mr. Wickham read tonight, some changes have already been read, so I am working on the last proposal that the Trustees got. First one is, 2 A I, and it starts out docks are permitted in within or over and it says where the residential lot is within and then it says or being considered, we suggested that we either take that out or write something in the process of being placed within. It says two or more of the following designations because technically, every area is being considered. The next one is 2 B I I 4, states locations that have been dredged or otherwise disturbed. We would like to see maybe something like the word recently dredged. Because if something was dredged 10 years ago, then this would, you know, automatically eliminate that and we understand, we don’t want people to go out there a dredge a little and say, oh, now I got four feet. So we understand what that is, so if we just put something as simple as recently in there. and the next one is 2 B I I 5, where it says all measurements shall be taken and it says, and then continues on and at the end it says as reported by NOAA. We suggest maybe adding or other recognized source because there are other recognized sources than NOAA, like Eldridge (inaudible) so on. And the last is 2 B I 5, and it states be constructed within open grid decking and it goes on to the 50 %, if we just say something to the effect of open grid decking as per the manufacturing and then put the definition of open grid decking in the definition, it just reads simpler for you know, so that was from the whole Board of Trustees. The following was discussed with the Trustees but there was not a consensus, so the following comments are from myself. Section 2 B I 5 starts out with in no case exceed a total length of, I would ask that you look at all the information that has been presented April 21, 2009 Page 51 Minutes Southold Town Board Meeting to you in proposing this code. If you look at the soundings for the Town, you will see that nowhere in the Town will you reach a depth of 4 feet at 80 foot lengths. If 80 foot rule is adopted, you will essentially be banning docks from the bays, which would be taking property rights away from certain people. You have received the facts from the permits of the Trustees have given out over the years. There are a total of 36 permitted docks and according to the aerials, there are a total of 41 docks on the Bay. One is Robins Island and two in Orient and East Marion that were like 10 or 15 feet, we excluded from our last of the 36 in order to do the average. These were, the average of the remaining 33 permitted docks came to 103 point something feet that was measured from mean high tide. There are docks that start further than, you know, but we measured that from the mean high tide and then there is, we measured three of the remaining 10 docks that are not permitted that were probably built prior to having to get permits from the Trustees, one is in New Suffolk and that measured 138 feet, one is by Indian Neck and that measured 95 feet and one is around 6600 Nassau Point Road and that measured between 90 and 100 feet. I think a balance of the environment, the water front landowner and the public’s right to cross the foreshore is essential in reviewing this proposed code. The wording has to be chosen carefully. It should not be so restrictive that it eliminates one of the three elements to be considered. For example, it might work out to be exactly, not to be exactly what should be done for the environment but the waterfront landowner will still have his right to apply to the Town. If the total length is, say, 100 feet, this will still not meet the criteria for many areas but it is a more realistic length than the 80 feet. Again, whatever the Board decides, please keep in mind that a code is a balance of all the resources of the Town. The next section, 2 B I 7, is the use of chromium copper arsenic, CCA. The Board of Trustees’ other changes to Chapter 275 to be reviewed by the Town Board, I suggest that this section mirrors what we have in 275 now and we can look at the use of CCA treated piles not only in the bays but more importantly in the creeks at a later date. This is a proposal for docks on the bay. I don’t want to see this become a CCA issue and hold up any discussions, decisions the Town Board is going to make. It makes more sense to have a separate discussion on CCA use that reflects the entire code. There is a lot of information out there regarding CCA and the way it affects the environment. It is an important topic and should not be taken lightly. There are many other alternatives out there but we must look at what affects will these other alternatives have on our environment as well. I believe the CCA discussion is best left for the next set of revisions to the code. Thank you. Kevin McCallister, Pec Baykeeper KEVIN McALLISTER: Good evening, Kevin McAllister. Peconic Baykeeper. You know, I would like to speak to, about some of the impacts associated with water quality and our shorelines. Ms. Wickham articulated and pointed out storm water runoff. We have enormous challenges ahead of us. Obviously storm water runoff, loss of buffer zones, wetlands, you know, impacts directly to the water quality but you know, the proliferation of shoreline structures and you have heard me speak about this for many years, is a serious issue. Peggy did a great job of articulating the potential impacts on natural resources I think and I do believe this change this amendment certainly captures the intent to try to protect these resources. These designations are not arbitrary. Significant coastal fish and wildlife habitats. High quality saline waters. The essential fish habitat. These are designed and implemented for reasons. Again, protection of the resources. I won’ further speak of impacts and natural resources but I do want to speak about access and the public trust doctrine. And you have heard about suggested property rights and I April 21, 2009 Page 52 Minutes Southold Town Board Meeting am a staunch proponent of the commons and the right of people to use our shorelines. To (inaudible) so they in turn become better stewards and will commit themselves to again, protecting and helping to restore this resource. Having access along that shoreline, the right of passage (inaudible) is extremely important. I have been involved in a number of, I guess, battles if you will, on an individual basis to stop certain structures from basically getting a foothold in reaches of shoreline that were open to the public for public access, particularly on the south shore. In support of DEC’s denial of a permit. These are difficult and I understand people’s interests in having these structures but certainly, again I use the term foothold, when one structure come in, it is very difficult to say no to the second and so on. I strongly encourage you to support this amendment. I think it makes good sense in the intents there and I think you know, my compliments and I applaud the Planning Staff for being very progressing and they did their homework and I helped them do their homework to the extent that I could point out other regions, other areas that looked at this issue and had developed codes of their own to again, in the intent of protecting the resource. So I ask you do the right thing. I understand you have to debate this and you need to take a hard look at it, that is your responsibility but in the long term here, you know we have one finite resource, things are not going to get easier and this is a challenging, difficult decision but I ask you to make the right decision. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Board? John? John Kramer, Southold Voice JOHN KRAMER: Hi, I am John Kramer, chairman of Southold Voice. We hear about degradation and things like that. Up until tonight, I thought we had 41 docks in 369 years of existence. Now I hear we have only got 33, so that degradation and concern about full build-out, I just don’t understand. We are planning at the rate of 41 docks in 369 years. We are getting one dock every 9 years. That gives us full build-out 5,886 years from now which is year 7895. Caesar and those guys would be really proud of this kind of planning. I don’t get it. Let’s say one dock every 9 years over 369 years is well, we will forgive the first 200 years. Okay? Maybe it is really accelerated. Let’s double it. What if we have one dock every 5 years? In 100 years, you will have 20 docks. Okay? I don’t see a proliferation here. I don’t get the rationale. Like Ms. Wickham said, I just don’t get the rationale of this. And therefore, I object to the process of this because I attended that Steve Ressler meeting in Peconic Landing and this is exactly what Steve Ressler said. He said, come out with a lot of enviro babble, bulldoze the public and pass it. Don’t worry about it. The public won’t know. That is exactly what he said or words to that effect. And you know what? This is exactly the way this is coming down. We have got a map, I defy anyone of you to put your finger on the map and tell me what zones you are in. You have got all those overlays. Have you tried that? Have you looked at that map? Can you figure it out? Can you read that? SUPERVISOR RUSSELL: Are you talking to me or the entire Board? MR. KRAMER: Anybody. Here, you. Can, if you…. SUPERVISOR RUSSELL: I can figure it out. Do I have problems with it? Absolutely, John. Absolutely. April 21, 2009 Page 53 Minutes Southold Town Board Meeting MR. KRAMER: It is, you know, it is unreadable and I think we are going to wind up with a map reader on the payroll because nobody is going to be able to figure out where they are on this thing. It is indecipherable. The standards that were set up are baffling at best and not based on any locally administered mapping, so that it becomes a Kaffkean maze for the taxpayer to figure out and they can’t navigate it. The map is unintelligible, it is indecipherable and in addition to the mapping, we get into this dock definition and the dock standard. The dock standard, between the mapping, the mapping probably eliminates the possibility of building a dock on the bay and I would be shocked if after 10 months of working on this, they didn’t figure that out. So I would think that that is the intent. If somehow, a dock application could get through the mapping Kaffkean maze, then you have reaching 4 feet of water in 65 feet. Now it is 65 feet because you are measuring back 15 feet from the end of your dock. Actually, it could be less than that because your 80 feet is actually the tie off pile, if you have one. So 65 feet from mean high water on the beach, that mark, the mean high water mark on the beach, then you wait for low tide, you walk the beach and within 65 feet, most places in Southold Town you are not going to get your feet wet but if you do, you have got to be in 4 feet of water in 65 feet. That ain’t gonna happen. It is not going to happen. There is no way a dock can be built according to this standard. As a result, not only will there not be what I am told by Mark Terry, he thinks there is a 654 potential dock build-out, those aren’t going to get built but the other thing is going to happen is the other either 41 or 33, however many docks we have, they are not going to be able to qualify by this new standard, so when they are torn up in a storm like we had last night or a hurricane, or ice, they are not going to be able to be rebuilt, will they? SUPERVISOR RUSSELL: We had raised that issue at one of the code committee meetings and I can’t speak for the Board again, but I would feel strongly that the Town’s historic position has been, if you have it, you can keep it. You can rebuild in kind, in place and I would like to see that…. MR. KRAMER: It sounds like grandfathering. 275 got rid of grandfathering. SUPERVISOR RUSSELL: I support grandfathering. I think it is an important…. MR. KRAMER: I know you do but the Trustees don’t. SUPERVISOR RUSSELL: I don’t know that that is true. I honestly don’t know. I, you know, you would have to address the issue with them. But grandfathering has been an historic component to the code in all aspects and I strongly support that. If you have it, you can keep it. But again, you know, there is six people up here, so. COUNCILMAN KRUPSKI: Well, no. That is why we are having this, so we can discuss. That is one issue that came up, it wasn’t resolved and that is why we are having input on it. MR. KRAMER: I think this standard, coupled with grandfathering, gets rid of every single dock in the Bay. Over time. So that is my objection to this. The other objections I have is, I said that it is wrong to preclude 700 possible people the right to have a reasonable, fair application process. I just don’t understand why, with, with, I mean, we have had two moratoriums, nobody April 21, 2009 Page 54 Minutes Southold Town Board Meeting is trying to build a dock, you know? There is no race to build a dock in the Bay, there is no reason to come out and legislatively say, okay, you 700 people who own this property and I don’t even know if they know they are affected, they have no right to a fair process by which they can apply for a dock. That is not right. You are elected to do the right thing and I think to disenfranchise those people, I would think a better way to go would be a public referendum or something if you are going to take away those rights. The CCA issue, I am confused now by John Bredemeyer because I had a, oysters, the Harbor Point oyster garden under my dock, I was off (inaudible) oysters under my CCA dock. I have a DEC license, I had a Suffolk County Department of Health license and I was selling them to the local restaurants and you were eating them and enjoying them. So those oysters are growing under my CCA dock, everybody loved them, right? We go to the local vineyards, where there are thousands of these CCA posts and we were drinking the wine and we are not drinking the bay, so I don’t know what is going on with this CCA ban. That doesn’t make any sense to me. I think if we have to get rid of the docks, the CCA in the 41 existing docks, what do you farmers think of ripping up those vineyards and getting rid of those CCA posts? COUNCILMAN ORLANDO: I don’t think there was a consensus on the Board to do that, it was put in there, we didn’t choose to pick and pull everything out before the public hearing but I ….. SUPERVISOR RUSSELL: I think Jill Doherty actually spoke most succinctly in that it is an issue or a discussion that we should have in its entirety down the road. Clearly we don’t want to pass legislation that holds a different standard to the bay then it does to the creeks, that’s, and quite frankly, I haven’t seen (inaudible) out there yet, so that is a discussion a new Board will probably have to make some day. COUNCILMAN ORLANDO: And John, you were at that seminar like I was at Peconic Landing and they talked about a study about that, that it didn’t really have an impact on the Bays. MR. KRAMER: They said, they said don’t even go with the CCA because there is no science that supports any ban on that. COUNCILMAN ORLANDO: Inaudible MR. KRAMER: Exactly, exactly. In open salt water. Yes. And the other concern that I have is, you know, all of this effort, 10 months of effort is to do this for seemingly no purpose and you yourself have mentioned creeks twice tonight. And it seems to me, once we finalize this and wind up with some kind of a rationale, then in 16 minutes, we can change a few words and we have got the same thing for the creeks. I think that is outrageous. SUPERVISOR RUSSELL: You know, I think it is important to remember that the creeks had already been, I know I had seen many of your e-mails regarding well, if they do the bays now, they will do the creeks next, I think it is important to remember that the Trustees already did the creeks. In fact, that moratorium was probably a good year and a half. The standards were created, the lengths were, that is where all that legislation came from, was their review of the April 21, 2009 Page 55 Minutes Southold Town Board Meeting creeks and developing policy to govern the creek docks. That is why there is no CCA overlay, it has to be non CCA products on top and only, that is where that came from. Was that the creeks have already been done. MR. KRAMER: Nobody has a problem with you know, you don’t walk on CCA. But the pilings? They have to be. COUNCILMAN KRUPSKI: And really your question is, why are we doing this? Why are we looking at this now? Because as soon as something gets built that people think is out of line, they are going to come to us and say, why didn’t you do anything? That is the reason. Because if you don’t plan ahead and have a little foresight, then it is too late. Once the horse has left the barn, it is too late to close the doors. MR. KRAMER: But you have a Board of Trustees…. SUPERVISOR RUSSELL: I had bay front owners come to me that were alarmed that the Trustees were considering docks the length they were considering. Those are bay front owners. Adjacent owners. We are trying to consider everybody, John. Also, I think everybody needs to understand, Suffolk Count is considering leasing out underwater land that it owns that would present the premise that people can put structures in the bay for their aqua fishing program. That is a dangerous precedent. If we are going to marry structures to property rights and you own the underwater land to that, can we sit back and allow people to put structures in the bay so they can carry on an aqua fishing, shellfishing? MR. KRAMER: You see, and that is part of my problem when I talk to people about Southold Voice, as a homeowner you have no rights at all. As Harpers Point oyster garden, I can do anything and nobody cares. The DEC, I can go and vacuum every living thing off the bottom, it is aqua culture, it is great. And I guess it is the same thing with farm run-off into the creeks. That is no problem. But a homeowner, god forbid he has a missing drain on his roof. That is criminal. You know? So there is a disparity there in the enforcement and I think it is because, I am not sure, but I think it is because waterfront property owners are individual and they are easy targets. They are the long hanging fruit. It is easy to beat up on John Kramer, he is one guy. What do we care? Alright? But you are elected to do the right thing. And you know, I am just as important as these 700 people and I don’t even know who they are. Okay? And I don’t think we should disenfranchise them just because we can. I don’t think that is the right thing to do. if rd you want to do something and I said on July 3, at the only round table discussion on this topic, rdrd Mark Terry had a July 3 5:00 PM meeting last July 3 and I said, hey, if we want to do something about docks on the bay, we have got about 15 smart people here, we can do this in about a half an hour. He said, no, no, no, we have got another plan. This is the way we are going to do it. Ten months later, this is what we get. I don’t get it. It doesn’t make sense, this is going to take a lot more work. COUNCILMAN WICKHAM: Thank you. Doug Hardy, Southold DOUG HARDY: I am Doug Hardy, Southold. Perhaps I can give an explanation to John of April 21, 2009 Page 56 Minutes Southold Town Board Meeting why there was only 41 docks in 300 years. I think we all, or many of us remember that in the past we had a colder climate and often the bays would freeze over, with great chunks of ice and this would damage the docks. Now we are entering a period with a slight protuberance this year, I guess, of warmer climates. And so that the damage done to docks by ice in the winter time is no longer a real threat, so that as the global, as the climate warms, it is going to allow then, greater access to build docks on the shore, with less prevalence of damage. Thank you. SUPERVISOR RUSSELL: Thank you, Mr. Hardy. Patricia Moore, Esq., Southold PAT MOORE: Pat Moore, I am speaking for myself and as an attorney having to practice before all the Boards in Town. Quite frankly, the Trustees do an admirable job, regulating, supervising and administering the code and they have, I have had applications where some have been yeses and some have been no’s. And the courts will uphold a rationale decision of the Trustees. So really this legislation is really not necessary because the legislation that is in place already covers it. Specifically, I don’t want to, there have been a lot of comments so far but my biggest pet peeve on this legislation so far is at the beginning, the prohibited activity, the exclusion where it says that docks are not permitted within or over whatever language you used there, and it starts listing a set of or a list of studies. North east and I am not the greatest person on the computer but I went on the internet and I tried to find these studies and when I pulled, when I identified them, north east study, north east coastal area study significant coastal habitat areas, it came up Martha’s Vineyard, Massachusetts, Hyannis coastline ponds in Massachusetts. These studies involved other areas. We couldn’t, I couldn’t even access them when I tried to look them up, have them applicable to us. When it, the, the Department of State, you have now delegated the decision making of whether or not we should have docks or not have docks by incorporating these studies by reference. You have essentially passed the buck to another agency that all it takes is a couple of well meaning citizens to lobby the Department of State with a little support from a Board member here or there, that all of a sudden we get an area that becomes designated as a protected area. You have identified critical environmental areas, again as two or more of the following designations. Well, just about the entire area of Southold is a critical environmental area, including the creeks, so you have listed at least one that automatically it would include all of the creeks as well as the bay, so my biggest problem with this law is that anytime that you reference outside agencies, to identify areas of Town based on study areas, you have taken local control completely out of your hands. And in particular, out of the control and the knowledge of the individual property owners that might be affected. So I would encourage you, the whole law, I guess needs to go back to the drawing board but in particular never, never, never designate another agency to identify a prohibited area in this Town. That is my pet peeve. COUNCILMAN ORLANDO: Thank you, Ms. Moore. And I agree with you that the elected officials of the Trustees do a great job with the stewards of the waterfront properties. They are doing a great job. Thank you. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. Benja Schwartz. I live on the water front and people have been talking about the numbers of docks, well, every piece of property is unique. One dock may be too many or one dock may be a great thing. I own about 100 feet of beachfront but April 21, 2009 Page 57 Minutes Southold Town Board Meeting my property is adjacent to about 10,000 feet of beach front. There are a couple of docks on that waterfront, it happens to be on Cutchogue harbor, when you talk about docks on the bay, there is no bay. You know, there is the Great Peconic Bay, the Little Peconic Bay, well, I am talking mainly about Cutchogue harbor. Every day there are many people, dozens of people that walk that beach. A couple of days a year, there are very few people that use the docks. You know, I am not against the docks I just think what we are talking about here is a legislation and there has been some confusion with how this you know, you shouldn’t do this because we should just leave it to the judicial process. But our government involves several branches and this is, we are talking to the legislative branch and I think you should take notice of the larger picture. And I would just like to mention one dock because the Town Trustees approved a dock which is not on my beach but on the beach adjacent to my beach which has about three feet of water at high tide. At low tide it sits on the bottom, a floating dock but it isn’t floating at low tide. It is sitting on the bottom. They can’t keep a boat there. When they do bring a boat there, they are doing what they call roto-tilling the creek. You know. somebody talked about sailboats on docks, I mean, come on. Get real. We know what we are talking about and so far this year, we have had a couple of nice days on weekends, I have seen some fairly monstrous boats speeding in and out of the creeks. Nothing is being done about that but we are here to talk about docks, so fine. Let’s talk about docks but I think this is a legislative hearing, this is a legislative issue and I just would like to make a point that what we need in this Town is we need and I give it to you, I can give you a master plan for this Town in two minutes, okay, and it is not save what is left because saving what is left, you know that is the virtual equivalent of the USEPA no net loss of the wetlands or the Peconic Estuary no net increase in dock hardening, but saving what is left is not going to protect the interest of the private property owners, let alone the public. You know, we are talking here about you taking control, local control for the benefit of the public rather than each individual property owner and as an individual property owner, I depend on you to take control and prevent my neighbors from fencing in the beach or from turning the beach into a wood lot by throwing wood chips all over the beach which the Trustees recently authorized, wood chips all over the beach because there had been fill illegally placed on the beach and the weeds were growing, so to stop the weeds, they are going to place wood chips. There is a lot of problems with that, wood chips don’t stop weeds, they encourage weeds. But the Trustees were deaf to that. I am in support of this legislation but I urge the Board to take a larger picture, to look at the idea of saving what is left and let’s do a little better. Let’s do better than the apparent policy of Southold Town Trustees and sometimes I feel like this Town Board has the same policy. Environmental destruction is inevitable. Sure things aren’t as good as when I was a kid. Well, you know what? I don’t accept that. I expect it that things are going to get worse but I don’t accept it. I think not only shouldn’t we let things get worse, I think we should do something to improve our environment for all of us. Thank you. Jennifer Skilbred, Group for the East End JENNIFER SKILBRED: Good evening. My name is Jennifer Skilbred and I am with the Group for the East End. First of all, we strongly support the goals of this legislation and thank you for taking these positive steps forward to protect the Peconic Estuary. A healthy estuary is critical to the future of our economy and our way of life and controlling the potential proliferation of docks in the Bay, as recommended here, certainly helps move us towards this goal. Research has shown that docks can have a variety of negative impact which threaten an estuaries ecological health, including shading of habitat, physical disturbances of habitat, contamination from treated April 21, 2009 Page 58 Minutes Southold Town Board Meeting wood and docks often severely limit public access to the bay and near shore resources. Protecting the critical elements of the Peconic Estuary must include protecting the natural shorelines, wetlands and near shore water habitats that docks so often disrupt. If current regulations don’t change, the possible build-out of, I believe, 855 docks in Southold alone, would certainly have an enormous cumulative impact on the health of the bay. As you know, the current town code lists a number of ecological significant tidal creeks, were docks are not permitted for the very same reasons as outlined in this legislation. So there seems to be a logical extension of that effort. Also, in Chapter 275 of the town code, there is a prohibition on the use of CCA treated lumber in sheathing and decking to ‘prevent the release of metals and other contaminants into the wetlands and waters of Southold’, so therefore the Town has already acknowledged ecological concerns with these materials, which makes it clear that this similar prohibition in docks is an essential point of these code changes. Also Southampton and Riverhead towns have previously banned the use of CCA treated lumber in docks and as the Peconic Estuary is a shared resource between all five east end towns it is wonderful that Southold is looking to ensure the same protections for this portion of the bay. We believe that the sound science to back up this legislation is currently available and has even been acknowledged in the town code previously. So in the interests of creating solid legislation, we feel that it is essential to compile this valuable information for Southold residents in a comprehensive supporting document as I believe is currently being done. We look forward to reading that finalized report and appreciate that another hearing will be held after its release as you mentioned earlier, so that the community has the chance to review the full report and provide more informed comments before a decision is made. Thank you for taking these important steps forward in protecting the Peconic Estuary and we offer our strong support of the goals outlined in the legislation and support the ongoing development of a comprehensive document that provides a strong basis for this legislation. Thank you. COUNCILMAN KRUPSKI: Can I ask, Mark, after this gentleman speaks, for clarification on some of these…. Dan Christianson, Mattituck DAN CHRISTIANSON: Dan Christianson, Mattituck. I am not good, as some of the other people in this room are, at taking one word from column A and one word from column B and making it sound profound. I have heard a lot of that. I won’t try. I would suggest however, that some of the apparent paranoia that you may detect from some people is a result of some of the things you may have heard tonight. We are not trying to eliminate docks but the Peconic Estuary study says we can slow down the growth or maybe stop it or maybe reverse it. Sounds like they are trying to stop the docks and other comments about gee, it is not the docks, it is the boats. Now I know we are not trying to regulate the boats but tonight we heard about the boats are the thing that causes the docks to be bad. I will leave it at that. There are some technical items that need to be corrected. Some of them have been taken care of already but when you talk about the dock should be perpendicular to the shoreline and then later say it should be north or south. COUNCILMAN WICKHAM: Doesn’t make sense. MR. CHRISTIANSON: Can’t get there from here. You want to know the tide and the wind and the weather per NOAA when you do the study. But when you say 50 percent incoming solar April 21, 2009 Page 59 Minutes Southold Town Board Meeting radiation, nobody has said the season, the angle of the sun, the supporting structure underneath. I have looked at these grid structures and no way do you get 50 percent through them in real world and I doubt that you can show a significant benefit. Among other things, the sun moves and when there is a shadow one place, there isn’t a shadow another place. So, please when you get into this in detail, look at some of the details. How are you going to enforce or measure that lollipop criteria? It says, you go until, what it really means is, you keep on measuring until you either hit four feet or 80 feet out and if you look at the charts, 80 feet on the Peconic 12358 is about one pencil line width along the coast. You might even rather than one word from column A and one word from column B ask what is the significant impact of whatever the concern is. Rather than, there is an impact. There is an impact every time I do several things I do everyday but we do it anyway because the impact is not significant. I have heard a lot about impacts, I have heard very little about significant impact. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: I would like to ask before there is any other comments, there seems to be some interest in knowing about all these different designations New York State Fish and Wildlife Habitat and whatnot. If we could ask Mark Terry, our principal planner for the Town, he is the one who compiled this list and maybe he can give us little, shed a little light on to why these specific designations are important and also, just a clarification on two other things. This last gentleman mentioned the 50 percent sun light requirement for a dock. If you notice, a lot of the docks in town that have been built recently on the creeks are very high up and they seem to be unusually high, almost unmanageable and unusable. For years, the DEC had a, it was their policy you had to have a 3 ½ foot height above wetland vegetation, so that the plants could not only grow but flower underneath them, alright? Now this made the docks, in some cases, almost unusable. We lobbied the DEC for at least 10 years to try to get them in some way to reduce the height of these catwalks in the creeks and they finally did relent if the applicant went to a graded material that would allow sunlight to penetrate. I am not sure if 50 percent is the right number, I am not going to argue there but they did relent and the docks that are being built now with that grading system are lower, they are not obtrusive and they are a lot more usable because they are nearer the water, okay? That is one reason for that. Also the CCA, the ban on CCA and it was referenced by a number of speakers. In 2004 and 2005, the Trustees did a major rewrite on the wetland code and we met with a lot of dock builders, some of which are, well, the Costello’s are here tonight and to get advice as to what materials can be used to try to eliminate the use of CCA. Southampton had just banned it at that point. And the consensus that was reached was that a lot of the surface area of the building material was in the sheathing and in the decking and that is where it is readily leached from. There were a lot of alternative materials available besides CCA for those purposes, you could use the vinyl sheathing and for the decking you could use any number of either recycled plastic or other wood products. And so, CCA at that point was banned by the Town for decking and sheathing only because at the time their opinion was that pilings, there was no practical substitute. In Southampton they were using tropical hardwoods for pilings and then you go in a different direction and we didn’t want to go in that direction. So this is a continuation of that debate. It was put in there to discuss the use of CCA on pilings. April 21, 2009 Page 60 Minutes Southold Town Board Meeting MR. CHRISTIANSON: I understand. I just want to make a comment. That particular consideration and we have a dock on the Bay, we have a neighbor on the left who had to build it high and he made it four feet wide and he had to rip it out and make it three feet wide. The neighbor on the other side put it low and put the grid on it. It was six inches higher than the plans called for. They had to cut it out and drop it down, so be it. Your consideration is exactly what I am pleading for in other areas. Significant impact. What is the nature of the impact? Not just, oh, my god, there is an impact. You did it with CCA, I may or may not agree with you but one is more significant than the other, the cost of one, total cost, is very significant. The alternative cost for the other is not as significant. You do a tradeoff. I appreciate that and I applaud you for it. COUNCILMAN KRUPSKI: Thank you. If we could get Mark Terry to explain some of those designations, I would appreciate it. SUPERVISOR RUSSELL: Can I mention before Mark gets up that it is clear to me that there is a lot of information to digest. It isn’t arbitrary, it might not be perfect and we might not agree with the conclusions but there is a lot of back-up information and I would ask that we consider having another meeting, not to close this one down until people are done but to have another meeting so that we can focus on just the issue of docks rather than tie it up with all the other issues that we have to do as a Town Board. But just have a meeting. And I want to hear from bay front owners. I have to be frank, the bay front owners that have contacted me, they don’t even care about the dock issue. They are talking about jet skis and erosion but I do want to hear from them and maybe this is a season that we get into where they will be available so, at any rate. Mark? Mark Terry, Planner MARK TERRY: Yeah. Just prior to going into the ecological significance of those designations, I would like to make a few points of clarification. The north and south orientation recommendation is obviously for submerged aquatic vegetation, it is a mitigation standard for dock design and it is were practicable. It is not written into the law as…. COUNCILMAN WICKHAM: But elsewhere it says perpendicular. It can’t be both. It has got to be one or the other. MR. TERRY: That is right. That’s where it says, ‘where practicable’. We also have the perpendicular to the shoreline to preserve the adjacent property owner’s view shed as well as rights to the public waters. But continuing on, the build out of docks is not 654, it is 855 residential dock structures in Gardiners Bay and Peconic Bay. That is the correct number. 855. Okay. so moving on, the designations that were referred to Ms. Moore and the public law are the best available information that the Town has and they are the footings that allow the federal government to establish the Peconic Bay as a national estuary, which means a lot of funding, a lot of support in all different levels, a whole department committed to the Peconic Estuary and in an effort to make it a significant resource and restore it and manage it in that fashion. The first one was NECAS which is the abbreviation for US Fish and Wildlife Service Northeast Coastal Areas Study Significant Coastal Habitats. It was appropriated by Congress in 1991 for the US Fish and Wildlife Service to go out and establish areas of high ecological significance throughout April 21, 2009 Page 61 Minutes Southold Town Board Meeting the northeast. The Peconic Bay resulted in one of those. There is a whole list of species associated with that that were utilizing Peconic Bay at that time. The New York State Department of State Fish and Wildlife Habitat Areas are used quite frequently by the Board of Trustees in all levels of government. They are constantly updated, they have a set of associated documentation for each established area that identify potential impacts to those fish and wildlife occurring within those particular areas and it is a New York Department of State designation established by marine and wildlife biologists. They do come out at the Town Board and the Planning Departments and other town entities request and investigate whether or not these areas are significant in the State of New York for habitat protection. And there are different guidance mechanisms associated with that. New York State Department of Environmental Conservation Critical Environment areas, that is related to another recognition from the DEC, so we are getting closer, where they recognize these areas as high up in ecological value and it also pertains to the process of the state environmental quality review act. And we have the Peconic Estuary Program Critical Natural Resource Areas, this is straight out of the PEP comprehensive conservation and management plan, November 2001, they examined the shallow water areas including near shore areas, the embayment’s, tidal creeks and found, teamed up with the US Fish and Wildlife Service to identify critical natural resource areas, again based upon species and occurrence levels. The shellfish harvesting and seeding areas, that was established by New York State Department of State and adopted as a map under the local waterfront revitalization program. These areas working with other scientists have been identified as being high importance in shellfish populations and they have different levels of low, moderate and high. Most of our areas are high. Moving on, I think that was, oh, the essay. DEC, New York State DEC essay water quality classification, that is an important classification where the DEC classifies waters for primary and secondary contact recreation. Once that level is degraded, we are going to have severe problems, if that level is degraded. We are going to have severe problems in meeting certain funding mechanisms as well as being able to harvest the shellfish and having primary and secondary contact recreation within Peconic Bays and Gardiners Bays. Any other questions? SUPERVISOR RUSSELL: Thank you, Mark. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: I think what we will do again, is to bring all of this out into a discussion about the studies, about the backup, about the law and about recommendations. I know John Kramer spoke very eloquently about the length being not reasonable but I need to hear a number as to what would be. So, these are the types of things, the discussion we are going to have to have. MR. TERRY: Thank you. Can I just clarify one thing? The two methods, the lengths that were produced by the Trustees and produced by the team, used two different methods. SUPERVISOR RUSSELL: I understand that. And they were both legitimate methods. MR. BREDEMEYER: Just, I guess more of a question that relates to my initial comments concerning staking of other jurisdictions maps and reviews. Maybe there is something that we April 21, 2009 Page 62 Minutes Southold Town Board Meeting are missing here that is significant that can be drawn from these studies. Essay water classifications, I deal with them all the time. I was out this morning sampling Hashomomack pond with the Health Department because I am involved in the estuary program. You know, I am involved in this stuff. I would say that, yeah, if boats were the issue, come up with a reasonable dock standard but then this whole process should be folded into a proper GEIS. This should be reviewed against a range of alternatives. If the Town Planning Department feels that this is so important, then the group should work together, then you should bring forward a proposed legislation and it should be subjected to a GEIS. This is just not the way to do things. SUPERVISOR RUSSELL: I just, I can appreciate that, I just don’t want it to be perceived that the Planning Department went off on its own and created this big (inaudible) MR. BREDEMEYER: No, I understand…. SUPERVISOR RUSSELL: The Town Board was part of the discussion right from the very beginning. MR. BREDEMEYER: You as a public body, we are relying on you, the reason they call it the state environment quality review act, the acronym is SEQRA, to seek the knowledge and at this point, you know, you can’t stack these documents. Most of these docks are being planned for the littoral zone where this high wave energy, probably half of the species probably don’t even exist there, albeit open docks, open walkways, maybe just the ticket because for those few areas that are going to go out over the ingress but all of these should be examined as part of a document that is created for the public to review; you as a Board to review and then to further comment on. This is, if this is as serious as everyone poses…. SUPERVISOR RUSSELL: We have a 55 page backup report for this. MR. BREDEMEYER: But you just can’t pull these reports out. I mean, it is very easy for a Laura Bovaro, who is no longer in the program, to sit down in an office and say, oh yeah, art structures are bad. Well, you know it is a lot different between a dock with randomized pilings were the wind comes from all different directions as versus a bulkhead which runs linearly on a bay front for a couple hundred feet. Let’s get real here. And if you are going non-toxic, these structures are no different than a pastoral setting. If an oak tree falls in a creek or falls of a cliff, what, the tree shaded the bay, my goodness. Oh, my, it grew some oysters, you say, what a terrible, look you have got a non-toxic materials. All the structures you put out there are going to be environments for marine structure. I think you are going to have to, some of these people have got to show you the studies and you are going to have to go point by point on it. This is just not, this is not an environmental process. This is great for everybody to get things off their chests, the property owners, the environmentalists, this is going nowhere. SUPERVISOR RUSSELL: There is more than just the environmental component to this though. And we, I met with baymen the other day, who are worried, I know a lady talked about the prevalence of oysters and shellfish around her dock but the baymen were concerned about five docks there instead of the two that were there historically and the loss of access to that. We are April 21, 2009 Page 63 Minutes Southold Town Board Meeting trying to balance all of these. There is a huge public component that we are trying to factor in. MR. BREDEMEYER: Exactly. It should be balanced as part of a much bigger document and we should work on this for a couple of years if necessary. If it truly that this is a working start. COUNCILMAN KRUPSKI: There is no…. COUNCILMAN WICKHAM: I would like to hear the public. COUNCILMAN ORLANDO: Thank you, John. COUNCILMAN KRUPSKI: Right but, he raises a valid point. We are not in a rush here to pass this. SUPERVISOR RUSSELL: And I shouldn’t think we should fear dialogue, Tom. People don’t want us to just sit here and listen, they want us to participate so at least they have a basis of understanding where we are coming from. Good or bad. LILLIAN BALL: Yes, I mean it is a process and I think it is crucial that we examine this process very, very clearly because obviously some regulation is required. You have to have some regulation and it has to be fair to the best of your ability. I believe that what Mark Terry has put together is a very reasoned and considered set of recommendations that do allow for due process. I was at that Peconic Dunes or Peconic Landing meeting with NOAA and I obviously had a very different experience than some of the previous speakers. I couldn’t help but think, what do people come to Southold for? If it is not the area being entirely, practically entirely critical habitat, as Pat Moore mentioned. I think that is what people come here for and that is the basis of a great deal of our economic livelihood here, is that waterway. And to be pennywise and pound foolish, to say that we can’t step up to the board and make regulations that are fair to protect what is not only for the public benefit and the public access but also for the public welfare. This is our livelihood. This is what people come to Southold for, for the fishing, for the boating, for the, you know, access to the water, for clean water, for clean fish, for shellfish you can eat. I mean, this is all very much a part of the process and I, you know, I have been to DEC meetings where I have heard numerous, we can certainly get you the information, numerous studies have been done. Judith Weiss from Rutgers did a study about the fact that the real dead zone that comes from dockage is in the sediment, it is in the small creatures that live in the sediment. It is not in whether there is eel grass there or whether there is algae or whether there is (inaudible), it is the sediment that is affected by dock structures and the shading. So this is, it is very critical, it is very important that we work out all the details but there are numerous studies that show that this is really, really a not, you know, it is not advisable to have more hardening of the shoreline. If we can possibly help it. Now I have something I want to throw out, I haven’t really discussed it with the Planning Department or anybody else but it seems to me, we have town beaches. Do we have any town docks in Southold? I know Fishers Island has a town dock that we worked very hard to preserve and the concept of a town dock where you have shared access to the water, that is not just rich property owners, that is for the public benefit, seems to me something that we could investigate. Having a limited number of docks that are for the April 21, 2009 Page 64 Minutes Southold Town Board Meeting general public to use and not just for people to use as Benja says, you know, two or three times a year when they happen to come out. But there are many people that live here full-time who would like to have more access to the water and we consider this every time we look at a water front property for the Land Preservation Committee. So that is just something to throw out that it seems to me to be a possibility that could somehow mitigate the requirements that would not lend themselves to individual docks but would somehow make it possible for a greater number of people to have access to the shoreline with a minimal amount of hardening. Thank you. STEVE BELLAVIA: Steve Bellavia, Mattituck, New York. I am going to be short. There is something that hasn’t been said here tonight and I am going to say it by way of example. I am not a rich property owner, I have been working two jobs for the last 14 years, I have got 16 years left on a 30 year mortgage and I am a riparian owner and me and my five riparian neighbors about twice a year because of a nor’easter or something, voluntarily clean up all of the garbage because we are on the west side of the creek that washes up and we privately pay to have it carted away. Last year there was over a cubic yard of garbage that piled up on our side of the creek and everyday I pick up trash from the street, I fill up about a town, a $2.25 town bag a month with garbage that I pick up that ends up in the creek and if I didn’t have my dock I wouldn’t have any way to go get it. Last year I outfitted my dinghy with an electric motor that runs on a gel battery and a solar panel because I think two cycle engines are the enemy, so if this is about the environment, the riparian owners are the best stewards of the environment. We are treated like we are the enemies of the environment and that really bothers me because you are not going to get a better caretaker of the environment than the riparian owners. I mean, this is the reason we are there. You know, people are saying why people come to Southold, well, that is why I am working two jobs. Is because I like to look out and not see garbage and not too see oil slicks from two cycle engines and so if it is about the environment, your efforts are better spent on you know, get rid of helium balloons, fast food garbage, two cycle outboards, don’t pick on us because of the docks. I mean, I think you are scraping off the wrong part, there are you know, bigger hills that have to be, you know, sanded down. You are going after the wrong stuff, you are going after the wrong people. I mean, we are not the enemies, we are the good guys. So, I just haven’t heard that yet that the riparian owners are the stewards but we really are, you know, so. Thank you. Amy Schaff AMY SCHARF: I am one of the bay front dock owners of the 33 or 41 and I just want to give my support for what was just said and also to my further support for what was discussed, the grandfathering of existing docks. Every year we do put a significant amount of money into maintaining our dock but maintaining it responsibly in compliance with all the codes and we just want to be sure that that right will be continuing. SUPERVISOR RUSSELL: I am sorry, if you said it, I didn’t hear you. Your name and….okay, thank you. Who would also like to address the Town Board? John? John Costello, Greenport JOHN COSTELLO: My name is John Costello. I am from Greenport and there is a public dock in Greenport and there are several of them, so, and there is plenty of public bulkheads. Very few docks in Southold. One of the things that upset me a little bit is hearing the scare tactic of 855 April 21, 2009 Page 65 Minutes Southold Town Board Meeting build out. That is unrealistic at the best. There could be other words to describe it because you know it is never going to happen, except crying wolf. Try to get people upset, that this could, 855 docks would destroy Southold. It is not going to happen, it hasn’t happened and Southold is a water front community. There is waterfront all over the Sound, the bays, the creeks, it is a waterfront community where most people at one time made their living on the water. I am one of the few that still does. The poor fishermen are struggling and the baymen are struggling. It will possibly cyclically come back. Hopefully. We are cleaning up the environment. We are cleaning up the environment through education. We know more about it. We are cleaning it up. Some of the things in the proposed legislation and there are some good points, many good points, but there are some bad ones. You don’t measure from the high water mark, I know several places on the towns around here, Shelter Island, East Hampton, Southampton, you can 80 feet and not hit low water. I mean, that, it, the low water is the measurement. You are looking at a depth of four foot of low water. It is a low water measurement. So by moving it in the right direction, there is less impacts between the high and water tide. The high tide, the (inaudible) is always in the water, you can (inaudible). Other towns have addressed many of these problems. Access along the waterfront, the public access, start at high water. Don’t start at the bulkheads, don’t come back inland any further than you have to. And if you had to, or if they already did, put stairways over it. Shelter Island requires stairways. There are so many ways to improve the public access. CCA, let me tell you, there is a lot of studies on CCA. Out in the open waters, minimal effects when it is first used, first put in. None after a while. In closed creeks with a lack of circulation, it has the potential of having considerably more impact. It is being used in the creeks. And the Trustees, I will tell you, are the real guardians, this Board should only listen to, the Trustees are trying to codify, when Al was on the Board, they were operating under policies, the Board knew that lessening the structures was the possible way to reduce impacts, not codified, not law but it was a policy of the Trustees. They operated. Finally this Board codified it and made it a law which is probably helping many of the creeks more than the bays, many of the creeks. The flushing in the bays, the amount of square footage of docks doesn’t amount to a grain of sand of shading in the bays. I don’t know. Somebody must know what the square footage of the bays are but let me tell you, 41 docks or the 36 docks isn’t anything. There are some more critical areas. If it is over (inaudible) or vegetation or eel grass, it is going to have more impact. The Trustees will investigate that and they have been doing a wonderful job investigating the impacts. I am just saying that there are. Nobody is investigated the impacts of disallowing docks. There are jobs. I know there are a lot of marine contracting jobs and I can name many marine contractors here in Southold Town. We were probably the capital of marine contracting. Not counting my firm, there is Heaney Marine, there is Melrose Marine, there is Pollack, there is Greenport Dock, there is Latham, there is Rambo, there is Reeves and I mean, that is just Southold Town. Employers. There is jobs, not to speak of marina’s, the boats they sell. Living and dealing with the waterfront in this town is important to everybody. Clean beaches, absolutely. Nobody is for a clean beach more than I. I have clammed, I have scalloped. I made a living in high school doing it. I hope they come back and I hope they come back plentiful. For everybody’s sake and I think they will, more through education. If you have to codify this law at some stage of the game, codify it to the best of your ability, please. Thank you. COUNCILMAN ORLANDO: Thank you, John. April 21, 2009 Page 66 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Is there anyone? Linda? Linda Goldsmith, East Marion LINDA GOLDSMITH: Linda Goldsmith from East Marion. My concern in this legislation or this proposed legislation is that by excluding many areas such as Marine I and Marine II, yacht clubs and the like, to limit private property owners or private docks all you want but all it takes is one big M-II development of big dock and you have in one fell swoop, more intrusion than you would have in 20, 30, 50 years of private property dock building. And the other thing I wanted to say was, if you look at our roads, docks really, they really are necessary and I would absolutely agree with a town dock. Because if you look more and more, starting already, you see the trailering of these very large 26 and sometimes even 28 foot boats, to the very few, at least in East Marion and Orient, the very few launching facilities. I think that is very detrimental to our towns, to our air, to our roads. So I ask you to please consider that while you are talking about dock and dock legislation, to consider that whatever you, whatever restrictions you put on private property dock building, you do it in all zones not just private houses. But I am sure you are well aware of the one piece of M-II property I am thinking of now and if a big dock was built there, that would have a more intrusive, intrusive value than probably 20 or 30 years of private property dock building. Thank you. SUPERVISOR RUSSELL: Thank you. Nathan Wowee, Nature Conservancy NATHAN WOIWODE: Good evening, I appreciate your patience in this issue. My name is Nathan Woiwode, I am a policy advisor on marine coastal issues with the Nature Conservancy. I am also a trained marine biologist and ecologist. I appreciate you giving me the opportunity to speak in support of the proposed amendments to Chapter 27 of the Southold Town code tonight. as you have heard from everyone here, I think there is general agreement on this, Peconic Bay is the single most important natural resource on the east end of Long Island. It is what draws us all out here. It is what supplies numerous jobs, it drives the economy in this area and the Peconic watershed is host to over 111 rare and endangered species, making it the highest concentration of this sort in the state. Moreover, it is relatively untouched compared to other estuaries of this quality throughout the country and with that, it has, we have an opportunity to protect a unique and pristine environment. However, it is also a fragile environment and it is one that requires constant vigilance and progressive thinking to make sure that the health is maintained and the benefits continue to be felt by all east end residents. Though seemingly unrelated, the proposed amendments to the town code strike the heart of a fundamental decision that we as a community must make. Do we take action now to protect natural resources that are at once a defining part of our community and also fleeting relics of times past or do we continue down the path of losing our precious Peconic, piece by piece? And as you have heard alluded to, there have been very good decisions and there have been very bad decisions in terms of docks. The point being that all of those decisions were made on a single basis and that we didn’t have a greater vision of what the dock, what the overall view should be. I mean, all you need to do is travel west, as a colleague of mine likes to say, the decision to pave Queens was not made in a single day. And yet, that is where they are now. I am not saying that Southold is going to look like Queens, what I am saying is, it is important to keep in mind that we all have a vision of what we would like to April 21, 2009 Page 67 Minutes Southold Town Board Meeting see out here and that that vision should be discussed and expressed and codified and I think that this is a very good way to begin that process. Successful management of natural resources must be undertaken in a comprehensive way, these are shared waters and to strike a healthy balance between the needs of the natural resources that provide value to the entire public in Southold Town and beyond and to acknowledge the rights of the private property owners, this legislation does just that, by relying on sound scientific studies to establish areas that are too ecologically valuable to risk while still maintaining the right of individuals in less vulnerable areas to build docks under many circumstances. The impression you get from what you have heard tonight is that there will never be another dock built in Southold, however, we again have acknowledged how important the Peconic is. It is the defining property of this area and so, we need to balance these issues. We need to provide the opportunity for use but we also need to base these decisions on scientifically valid studies and to make decisions about what our natural resources should look like. You have heard numerous times about the impacts of docks, one of the things that you haven’t heard yet is the fragmentation habitat. The presence of docks in (inaudible) contiguous habitat and that is very important for a number of different species in terms of breeding, in terms of foraging habitat, again, you have heard how important these areas are, part of the reason that this is such an important and vibrant area is because of the fact that it is relatively undisturbed. To maintain that should be one of the goals of this Town at large because that is why we are all out here. Moreover, the legality of regulating docks in town code has been well established, with recent decisions at all levels of the judicial system, supporting and affirming a town’s right to regulate on the basis of scientific evidence and environmental impacts. In Malone vs. East Hampton the presence of preexisting docks was determined not to show discriminatory treatment and in fact, older docks are not considered an impediment to a town adopting new regulations. As you have heard, the current proposal is simply a logical extension of the existing town code which limits the construction of docks in various creeks throughout the town. The proposed amendments take a comprehensive but not overly broad approach that simply integrates into the decision making process the scientifically supported circumstances under which docks are appropriate and not overly detrimental to the natural environment. In closing, let me again state, our full support for these amendments. This is much more than simply a question of where can someone build a dock. It is important debate that will impact every aspect of life in the Peconic Estuary, from the shellfish that has for so long defined the east end to the fishermen who earn a living from the bounty provided by the estuary. The question we have to answer as a community is this: do we value the incomparable natural beauty of the Peconic Estuary and the incalculable value of its natural resources enough to take the right steps now to ensure that future generations will understand us when we speak with pride about what it means to be an east ender? We think that the answer must be yes. Thank you very much for your time. SUPERVISOR RUSSELL: Would anybody else? Jim? Jim Dinizio, Greenport JIM DINIZIO: James Dinizio, Jr. Greenport. I can concur with what John Costello said (inaudible) that it is over 800 specific locations that a dock may be located on the bays and you know, that is very definitive and that is a really good starting point for perhaps the next step which is you have gathered your information, you have proposals, you have defined the areas in which you do not think docks should be. I think you ought to go out now and look at every one of those 800 areas and determine who can’t have a dock just based on the law as you propose it April 21, 2009 Page 68 Minutes Southold Town Board Meeting right now. And color a map and let’s see what it looks like and let’s see if like some people say, no docks can be built and we are hearing from the other side, at least I am, that some docks may be built. But you have got your criteria, and now what you need to do is go out and define it to each individual, it is 800 people. You know who they are. You know exactly where they are. You have defined the state conservation, all these layover maps, that was very confusing to me. I am not used to looking at that stuff but I think in fairness to people who purchase lots and pay taxes and you know, are taking care of their waterfront, I think it is something that you should have. The next time you have a meeting, you have this map out and you say here is, docks definitely can’t be built here. Not by this criteria, 80 feet, whatever, blah, blah, blah. I think you probably could knock out 75 percent of it just by looking at you know, what, how you define, you know, what your criteria is. You know, after that you figure out how many docks you are going to have. Is that worth having a law? I don’t know. I mean, quite honestly, I grew up on the bay. You know, I opened 20 bushels of scallops a night, okay, for many years and I can tell you, I worked at Mitchell’s Marina and quite honestly I don’t know who would want a dock on the bay. It is the roughest place in the world. I mean, the boat would just keep banging around. It is the reason why you only see so many docks. So you can, that can be another criteria, because I am sure there are plenty of places where no one would want a dock. Just simply because of that but I think that when I first read the law, it seemed to me like you were trying to kill a gnat with a sledgehammer and you need to now define what you propose our Town Planning Department proposes how is that going to affect the people? The taxpayer? Thank you very much. John Brady, East Maion JOHN BRADY: John Brady, East Marion. I am just wondering why you would exclude M I and M II, that they are not environmentally…. SUPERVISOR RUSSELL: Again, there are other issues besides the environment in discussing docks in the bay. Marine zones are marine dependent uses. They would presumably need docks or need those things. You can’t really be a marina without them, you can’t be, that is why we have Marine I and Marine II zoning. Some are marine dependent uses, some are marine enhanced uses. You can’t include them and fundamentally undo your whole intent behind the zoning which is to recognize that the waterfront should be robust. It should be all of those things. I agree with people with regard to growing up on the bay but I had baymen raise issues with me saying three more docks in Cutchogue harbor and that whole segment is off limit to us for scalloping. So those are the balances of what we are trying to do. The M I and M II zoning when the original master plan was updated or adopted, factored in the idea that you could have these marine uses at these waterfront locations. MR. BRADY: In other words, you are talking about new ones? SUPERVISOR RUSSELL: New or existing ones. In many cases, the M I and M II simply followed what the use that had already been established at. The marinas that were already well established, had been zoned M I, M II, things like that. But I did want to touch base with you. You can talk to me after the meeting regarding your dock issue. They said they had a lot of research for Bob Siren, I will talk to you specifically about that, that you raised earlier today. April 21, 2009 Page 69 Minutes Southold Town Board Meeting MR. BRADY: Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? George Costello, Greenport GEORGE COSTELLO: George Costello, Sr. During the last 35 years, I have done a lot of applications to the DEC, Army Corps and State of State and it is food for thought for you guys. You know, during these applications for the DEC and Army Corps, there is a lot of conversations, a lot drawing changes and one way we are mitigating some of these so-called effects of the dock and they are fairly simple. Materials to be used in the floats such as we did the marina in Petersons for Chuck Hamilton and DEC. One of the criteria’s was to not put any CCA or any lumber in the water when we built these floats, that was the Chuck Hamilton idea. And I am sure you guys have seen the floats down there. Minimizing the amount of piling to be used in the dock. We just built a, got a permit over on Shelter Island, instead of do the old fashioned dock design, piles every six feet, basically two inside and two fender piling, we are eliminating one of the inside piling and then we are going from a six foot on center to 10 and 12 foot on center. The size of the piling are being cut down, the material to be used, we are using a lot of different materials these days. So just take into consideration all of these things that are out there, there are the tools that we can use or you guys can use as criteria for any of these structures. There is new material coming up every single day, we are researching them. You know, we are in this thing for the long haul and between John and I, we represent a lot of homeowners. As far as access, John started to say on Shelter Island, it is a must to have access stairs over and above the docks. The access point is always at a low point, so it is easy for these people to traverse the beach. Or the dock is started at a point where the person doesn’t have to walk over the dock or doesn’t have to try to walk under the dock. It is a very important issue on Shelter Island. It has been for years and years. The, again, the materials in East Hampton town are different, Southampton town are different materials, different criteria and we fit it in, one way or the other it can be worked out between the client, the agent and whether they are Trustees or Councilmen or ZBA members, you know, it can be done at some point in time and we have been doing it for 30-40 years now. So just take that in consideration. We can come up with some examples for you guys to look at and talk about, so as we go further along in this discussion, we can make them available to you. Thank you. SUPERVISOR RUSSELL: Darline? Darline Duffy, Greenport DARLINE DUFFY: I am Darline Duffy from Greenport, I am sorry, I came in late so I didn’t hear all the comments, I was working late but I just wanted to say that 25 years ago I sold real estate in Southold for about 10 years for Mr. Albertson when he owned Albertson Real Estate. And one of the things I used to counsel people, my clients, was when they were looking at water front property, they had to decide if you wanted to live on the bay and have a beach or if you wanted to have a boat. It was always sort of that decision you had to make. Because very seldom could you have both. There is a couple of places, Paradise by the Bay you can have boats, you can have your boat in front of your house but there is a sand bar that protects it and then you can get to the bay beach from there. But very few places. I think Reydon Shores is a place. But it was always a decision you had to make. I have a small house on the bay that we April 21, 2009 Page 70 Minutes Southold Town Board Meeting were lucky enough, my husband’s grandmother left to us. So I am a lucky, local person that gets to live on the beach. When you have lived here for a very long time and you look at the same view for 30 years, it never occurs to you that something could come along and change that. But my neighbor came from up west, bought the house next to me and put in an application to put out a 150 foot dock, 15 feet off my property line. Not in the middle of his property, where he could enjoy the view of his 150 foot dock. He wanted to put it right up next to my property because he had no deep water. He only has about a foot and a half, maybe a foot of water for I don’t know why but all the way out he has about a foot. In front of my property there is spring, for some reason and so it is pretty deep, so he wants to push it off kind of so. I have been looking at the bay for 30 years, this was, he wanted to push it over this way where he could put three boats. Now Mr. Dinizio said why would anyone want to put a dock in the bay? And I am going to tell you why. That gentleman told me, he has a big boat that he moors way out. I said to him, you have a big boat, it is like a 40 footer. What are you going to do with this? He said, well, I want to keep my donzi or you know, a skiff so that my wife can get to the big boat to go out to dinner without getting her feet wet. So that is why he wanted to build a dock in front of my house. You know, sometimes just because you can do it doesn’t mean you should do it. I did want to tell Mr. Kramer that I have read him in the paper quoted that there are no applications at this time for docks in the bay. I can tell you the one next to me has been tabled, it hasn’t, I don’t think it has been withdrawn, it has just been off the table for a while. So I guess we are waiting for all this to happen. But I should tell you, people don’t think they can do this stuff until someone from somewhere else comes and does it. We have all seen houses built on property that we thought for 20 years, oh, that will never be built on, there are cattails, it is too close to the water, it is blah, blah, blah. And now I drive around, geez, I could have bought that property for $15,000 because everybody thought you couldn’t build on it and now there is a three story house on it. So you don’t think outside the box when you look at it every day, when you think about it in the same way for 30-40 years. But I am telling you, people come from somewhere else, they look at it totally differently. So I appreciate the Board doing this, it is something that you don’t maybe have to address this week but you are going to have to address it sometime in the future. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board at this time? I would ask the Board if there is interest in having another public meeting. It would be a more informal meeting and focus just strictly on the issues here. There is a lot that I think despite the 10:00 PM time that has to be, that needs to be said, that hasn’t been said tonight. Councilman William Ruland COUNCILMAN RULAND: I think that is a good idea, Scott. COUNCILMAN KRUPSKI: Yeah, we have to reshape this. Supervisor Russell SUPERVISOR RUSSELL: What we will do is we will try to set something up and I will e-mail out to all the organizations and to the paper so that you will have a good time frame to organize your thoughts. April 21, 2009 Page 71 Minutes Southold Town Board Meeting JUSTICE EVANS: What do we do at this point? Do we keep the hearing open? SUPERVISOR RUSSELL: Yeah. COUNCILMAN KRUPSKI: It is not really a hearing. SUPERVISOR RUSSELL: Tonight is a hearing. The next one is going to be…. COUNCILMAN KRUPSKI: I think it is important and someone said it, not to rush through this. When I rush with something, I usually end up with stitches so, it is better to you know, take your time and do it right. SUPERVISOR RUSSELL: When I rush with something I end up with peacocks and roosters in front of me at the dais. Okay, what we should do is get a motion to table, I am sorry, to adjourn the public hearing. Jennifer Andalaro, Asst Town Attorney ASSISTANT TOWN ATTORNEY ANDALORO: But you know, we can probably close the hearing because we know what ever we come with this legislation we are going to have another hearing. Supervisor Russell SUPERVISOR RUSSELL: I guess it is a little late to ask anybody that wants to address the Town Board on any issue? Yeah. Peter Terranova, Peconic PETER TERRANOVA: Peter Terranova from Peconic. Just a small favor. I just want to make a request that we could initiate a small project to… COUNCILMAN KRUPSKI: I am sorry, Peter, just wait two minutes for… SUPERVISOR RUSSELL: We’ll wait. We’ll wait for you. COUNCILMAN ORLANDO: As long as you don’t want a dock on that jetty or something like that. MR. TERRANOVA: I am just wondering if perhaps maybe we could have a little repair project of the fence around the parking lot on the Goldsmith’s inlet? It is really in a state of disrepair and as the season now is approaching, it just doesn’t reflect good on the Town’s stewardship of its resources. COUNCILMAN ORLANDO: We talked about this with Jim McMahon, (inaudible), they owned it, we owned it…. MR. TERRANOVA: No, no. The Town owns it. April 21, 2009 Page 72 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: What we will do is we will sit down with Jim tomorrow and try to come up with some sort of work plan. MR. TERRANOVA: I mentioned it to Jim and I didn’t know whether or not the $12,000 that is capital outlay, beach improvements, whether or not he included that in this. COUNCILMAN KRUPSKI: It is a worthy project. That is not a major thing. That should be done. MR. TERRANOVA: It should be taken care of. A lot of rusty nails sticking out. Someone is going to sit on it and…. SUPERVISOR RUSSELL: We will address it with DPW tomorrow. MR. TERRANOVA: Thank you. SUPERVISOR RUSSELL: Anybody else? Benja Schwartz, Cutchogue MR. SCHWARTZ: Scott, I will make a deal with you guys. I will be very brief if you will consider helping me with something. SUPERVISOR RUSSELL: I will try. MR. SCHWARTZ: Okay. For like the last five years, there have been two street lights out on the street on the side of my property and they just fixed them, now I have 24 hour lighting. You know, I don’t know about you but if I leave a light on in my house, in my kitchen, I get an earful about it. These lights are on all night. I mean, I have heard you all talk about dark skies and electric bill, I won’t mention light trespass but you know, if you, please, could you try to do something, it is down, you know, I live right on the beach and there is no need for three street lights. SUPERVISOR RUSSELL: We are actually inventorying all the street lights in the Town now to determine what is what they call warranted lighting and what is non-warranted lighting. Warranted is the standard set by the Department of Transportation as to where you need lighting and where you don’t, we would like to go through a process of decommissioning the lighting that is not warranted. We have to have public discussion on that because many members of the public, I am amazed how many people ask me to fix lights that aren’t on at night. I think there is a level of comfort from the street lighting that they have had for years and they still like to see it there. but we will have a public discussion on where we can decommission those. The more we can turn off, the more savings we will get at the Town level for electric. The dark skies that you mention, we did start the dark skies initiative. Something unfortunate happened in the passing of an attorney who was working with us on that. MR. SCHWARTZ: They told me to go talk to Jim McMahon. April 21, 2009 Page 73 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: For the lighting? The specific lights? You can talk to Jim about that. I don’t think Jim will decommission those two lights but if you want to come talk to me, we will see what we can do in terms of, I suspect the reason they fixed them was the neighbor asked to have them fixed. MR. SCHWARTZ: I don’t believe so. SUPERVISOR RUSSELL: Well, why don’t you come talk to me about that? And we will see if we can sit down with Jim and do something about that. COUNCILMAN KRUPSKI: Yeah, we are trying to reduce the lights, that is something that we are actively working on. MR. SCHWARTZ: If you could, I will try to get in touch with you, if you… SUPERVISOR RUSSELL: Yeah, get in touch with me. I will have to ride out and take the pole numbers down, so I know which ones we are referencing. But that is not a problem. COUNCILMAN ORLANDO: And Benja, the reason why we are doing the survey is, we pay a flat rate for street lights, whether they are on or off. Working or not working. Flat rate. So I don’t know what the number is, $50 a month, we pay for that pole to be on or off, so that is why we are going for the survey. Do we really need these lights in certain areas? So if they are not even working, we are still paying for them. SUPERVISOR RUSSELL: It is a gimmick contrived by the former LILCO, they justify extending electric lines down into less than populous areas. They needed to get the metering up to justify the expenditure and that is where the Town got stuck paying a lot of electric costs that it doesn’t really need to pay. MR. SCHWARTZ: The cost of it is one issue but the cost in terms of dark skies…. SUPERVISOR RUSSELL: I agree. MR. SCHWARTZ: And disturbance of the neighborhood and the interruption of our beautiful beach at night and seeing the stars. SUPERVISOR RUSSELL: I agree. I agree. COUNCILMAN KRUPSKI: We all agree on that. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Motion to adjourn. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 10:11 April 21, 2009 Page 74 Minutes Southold Town Board Meeting P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell