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HomeMy WebLinkAboutTB-07/27/2010ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southotd, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.north fork.net 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. MINUTES July 27, 2010 4:30 PM A Regular Meeting of the Southold Town Board was Hall, 53095 Main Road, Southold, NY. Supervisor Russell the Pledge of Allegiance to the Flag. Call to Order 4:30 PM t4eetin0 called to order on July 27, ~ Southold, NY. I. Reports Board of Trustees Special Projects Coordinator Judge Louisa P. Evans Island Group Judge William H. P~i6e, Jr Budget Report Judge f PI ' g 1. Suffolk Coun~ Dept. o anmn 2. Dept of the A~y Corps of Engineers 3. NYS Liquor L~ense Renewals III. Communications 1. SCPC Town of Riverhead Amend 2. SCPC Town of Riverhead Julys27, 2010 at the,19Ieetlng 53095 Route 25, July 27, 2010 Page 2 Southold Town Board Meeting Minutes IV. Discussion 1. 9:00 A.M. - Kevin McAllister, Peconic Baykeeper 2. 10:45 A.M. - Heather Lanza, Phillip Beltz 3. 9:30 A.M. - John Cushman 4. 10:00 A.M. - Don Fisher 5. 10:30 A.M. - Mark Terry 6. 11:00 A.M. - Jim McMahon 7. Draft Policy 8. Beach Stickers & Parking Issues 9. Resolution in Support of Continuing the GIS Program ~ Stony Brook/Southampton 10. Schedule Code Committee Meeting 11. Bombara 12. Local Law 13. Local Law 14. Local Law 15. EXECUTIVE SESSION- Labor V. Resolutions Opening Statements SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance. Thank you. Alright, what we have basically is a three part component for public participation tonight. If you are here to comment on some proposed local laws, I will ask for you to hold those comments until we open the meeting for those particular issues. The first part of this discussion, I will extend an opportunity for anyone who wants to speak on any of the agenda items as they are printed and then when the meeting is concluded, I will open up the floor to anyone that wants to speak on any issue. That all being said, would anyone like to address the Town Board on any issue as it appears on the agenda? Jim? JIM DINIZIO: Hi, Jim Dinizio, Greenport. Agenda item 2010-562, could you just tell me what that is all about? SUPERVISOR RUSSELL: Yes, I will tell you exactly what that is. The gazebo down in Southold is in poor condition. There was a story that was in the Suffolk Times a few weeks back, what happened was, the gentleman that owns the IGA, Chaflie Reichert, read the article and called and offered to donate the money to have the facility restored. To have the gazebo restored. What we did was we went out and got prices to have a contractor do it and we are going to be awarding the contract. I believe Scott Boger was the lowest bidder. Every dollar of that is a donation from Chaflie Reichert. MR. D1NIzIO: Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Board on any of the agenda items? July 27, 2010 Page 3 Southold Town Board Meeting Minutes COUNCILMAN ORLANDO: It was very nice of Charlie to do that. SUPERVISOR RUSSELL: It was very nice, we are going to have a little thing for him. Okay, we are going to get the meeting underway. Nobody else? I am sorry, yes. JOHN ROONEY: I have another meeting, I am not sure if this is the appropriate time. John Rooney, Southold. I am on the board of North Fork Environmental Council. I just wanted to say that we are very much in favor of the dark skies legislation which I think, so this may not be the appropriate time but I wanted to get on the record if at all possible. And also I think that the pet cleanup legislation is also commendable. So both things I think are extremely important and so does NFEC. SUPERVISOR RUSSELL: Okay. Thank you very much, John. Anybody else (~n. the agenda? (Nq response) Heating n0n% 2010-541 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 27~ 2010. Vote Ree0rd - Resolution RES4010-541 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-542 CA TEGOR Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting RESOLVED that the Town Board Meeting of the Southold Town Board be held, Wednesday, August 4, 2010 at Fishers Island, New York at 1:30 P. M.. July 27, 2010 Page 4 Southold Town Board Meeting Minutes Vd Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Chrlstopher Talbot Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [3 F1 [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-543 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 10, 2010 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ~' v0te Re~'d ~ Re~luti0n Rg~20~0-r~43 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Vot ch- [] [] [] [] [2] Tabled Vincent Orlando Voter [] [] [3 [] [] Withdrawn ~b~sioph~ ~i~ se~0nder Vd Fl 13 [] [] Supervisor's Appt Albe~ ~PSki J[. Voter [] [] [] [] [] Tax Receiver's Appt [3 RescMded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-544 CATEGOR~ DEPARTMENT: Budget Modification Accounting Establish a Capital Project in the 2010 Budget Fiscal Impact: The Town Board approved a capital request for an IBM server OS upgrade. Lloyd Reisenberg has three quotes and plans to go with the $8950.00 quote, plus contingencies for a total of $10, O00. The Board approved $17940. OO for this project. WHEREAS the Town Board of the Town of Southold adopted a 2010 Capital Budget which includes a $17,940 appropriation for the IBM i520 Operating Systmn Upgrade, and WHEREAS the Town's Capital Budgeting process requires a resolution to formally establish a Capital Budget item in the Capital Fund, and July 27, 2010 Page 5 Southold Town Board Meeting Minutes WHEREAS the Central Data Processing Department has determined that the IBM i520 Operating System Upgrade can be accomplished at a cost that will not exceed $10,000, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiect in the 2010 Capital Fund: Capital Proiect Name: I-series System Upgrade Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.10 Appropriations: H. 1680.2.500.400 Interfund Transfers Central Data Processing Capital Outlay I-Series System Upgrade $10,000 $10,000 Vote Record - Resolution RE~-2010444 [] Adopted [] Adopted as Amended Yes/Aye ~ No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-545 CATEGOR~ DEPARTMENT: Budget Modification Land Preservation Budget Mod Land Preservation Fiscal Impact: To transfer CPF funds to an over-extended budget line re: appraisals for development rights easements/open space properties RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Community Preservation Fund (2% tax) budget as follows: To~ H3.8660.2.500.200 Appraisals $10,000 From: H3.8660.2.600.100 Land Acquisitions $10,000 July 27, 2010 Page 6 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2010-545 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter ~ [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Voter [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hswys Appt 2010-546 CATEGORY: DEPARTMENT: Budget Modification Accounting Rescind Budget Modification for Computer Equipment Fiscal Impact: The mother board on the Town Comptroller's laptop PC was inoperable, but a replacement was finally found and the PC has been repaired. RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution no. 2010-448 adopted at the regular meeting of the Southold Town Board on June 15~ 2010~ which read as follows: WHEREAS the computer assigned to the Town Comptroller needs to be replaced, and WHEREAS the Town Board of the Town of Southold adopted a 2010 Capital Budget which did not include computer equipment, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town Budget as follows: From: A. 1990.4.100.100 Unallocated Contingencies $1,500 To: A.9901.9.000.100 Transfer to Capital Fund $1,500 and be it further RESOLVED that the Town Board of the Town of Southold hereby establishes the following Capital Pro[ect in the 2010 Capital Fund: Capital Proiect Name: Computer Equipment Financing Method: Transfer from General Fund Whole Town Budget: Revenues: July 27, 2010 Page 7 Southold Town Board Meeting Minutes H.5031.35 Appropriations: H. 1680.2.600.100 Personal Computers Central Data Processing Capital Outlay Workstations & Printers $1,500 $1,500 e' Vote Record. Resolution RES-2010~546 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled vincent orlando Seconder [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt A_Jber~ Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-547 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for Energy Audit Fiscal Impact: Fund the LVI, Inc. energy audit. LVl engaged pursuant to Town Board resolution 2010-385 dated May 18, 2010 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $2,500 To'. A.1620.4.500.400 Buildings & Grounds, C.E. Architects/Consultants $2,500 '~ vo~e Reeord ~ Resolution RES,2010~547 [] Adopted [] Adopted as Amended Yes/AYe No/N~y Abstain [] Defeated William Ruland Seconder [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Alber~ Krupski Jr. Voter [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] Supt Hgwys Appt 2010-548 CA TEGORY: Close/Use Town Roads July 27, 2010 Page 8 Southold Town Board Meeting Minutes DEPARTMENT: Town Clerk Grant Permission to Group Fo the East End to Use the Beach at Goldsmith's Inlet to Conduct a Children's Ecology Program on Tuesday, August 24, 2010 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Group for the East End to use the beach at Goldsmith's Inlet to conduct a children's ecology program on Tuesday, August 24~ 2010 from 9:00 am to 3:00 pm and waive the parking regulations for four {4) vehicles on that date, provided they file with the Town Clerk a Certificate of Liability Insurance for one million dollars naming the Town of Southold as additional insured, and contact Captain Flatley of the Southold Town Police Department upon receipt of the approval of this resolution to discuss the parking. ,~' Vote Record - Resolution RES-2010=$48 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] 13 Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] {3 Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-549 CATEGORY: DEPARTMENT: Property Usage Recreation Approve Use of Town Recreation Facilities RESOLVED that the Town Board of the Town of Southold hereby grants permission to Bishop McGann-Merc¥ High School to use Strawberry Fields in Mattituck for Varsity and JV soccer practice from 3:00 p.m. to 6:00 p.m. on Mondays through Fridays and from 8:00 a.m. to Noon on Saturdays~ commencing on September 7~ 2010 through October 30~ 2010, subject to the payment of a fee to the Town in the sum of $150 per week during this time period and subject to the Applicant filing with the Town Clerk's Office a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured, subject to the approval of the Town Attorney. [] Supervisor's Appt A!bert ~PSk! Jr: Voter [] [] [] [] [] Supt Hgwys Appt July 27, 2010 Page 9 Southold Town Board Meeting Minutes 2010-550 CATEGORY: Refund DEPARTMENT: Town Clerk Authorize a Refund in the Amount of $600. O0 to Susan Cebulski, Arthur Farnbach and Paul Farnbach, C/O Eh-Consultants RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the amount of $600.00 to Susan Cebulski~ Arthur Farnbach and Paul Farnbach~ c/o En- Consultants~ as the application before the Zoning Board of Appeals for a variance has been withdrawn. Vote Record - Resolution RES-2010-550 [] Adopted [] Adopted as Amended yes/AYe No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator ~ F1 [] Fl [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Aib~ ~m~ki J~i S~0nder I~ [] F1 F] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-551 CATEGORY: DEPARTMENT: Letter of Credit Town Clerk Release Letter of Credit: Oregon Landing 1 RESOLVED that the Town Board of the Town of Southold hereby releases the following letter of credit for the Oregon Landing I Maior Subdivision: Letter of Credit No. 050602~ dated June 2~ 2005 issued by the Suffolk CounW. National Bank in the amount of $164,245.00, as recommended by the Southold Town Planning Board and the Town Engineer, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2010-551 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [3 [] [] Withdrawn Christopher Talbot Voter [] 13 [] [] [] Supervisor's Appt Albert Krupski Jr. Initiator ~ [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded 13 Town Clerk's Appt Scott Russell Voter [] [] [] [] Supt Hgwys Appt 2010-552 CATEGORY: Authorize to Bid July 27, 2010 Page 10 Southold Town Board Meeting Minutes DEPARTMENT: Town Clerk Advertise for FI Elizabeth Field Crack Repair H RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the Crack Sealing Phase II at Elizabeth Field Airporh Fishers Island in the Suffolk Times and the New London Day. Vote Record - Resolution R~S-2010-552 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] 13 Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn ~St0Pher Talbot Seconder ~ [3 [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [3 Supt Hlgwys Appt 2010-553 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Dredging Maintenance Agreement/Wickham Creek WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Wickham Creek, Town of Southold; and WHEREAS, the County of Suffolk proposed to do said dredging of Wickham Creek in the Town of Southold at a nominal cost to the Town of Southold; and WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and WHEREAS, this approval shall remain in effect for the period of the required permits and any renewals thereof; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Super~/Sor Scott A. Russell to execute all necessary plans and specifications~ surplus material area agreements~ assurances to the CounW. of Suffolk, license and/or dredging permit applications to Federal and State Agencies and any and all other documents that may be required to accomplish said dredging work. July 27, 2010 Page 11 Southold Town Board Meeting Minutes Vote Record - Resolution RES-20~0-553 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter El [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa p. Eyans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-554 CA TEGOR ¥: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Enter into a 60-Month Lease Agreement Between the Town of Southold and IKON Office Solutions, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to enter into a 60-month Lease Agreement between the Town of Southold and IKON Office Solutions~ Inc. for a Canon MP 3351 copier for the Southold Town Police Department, at a monthly cost of $240.00 pursuant to the New York State contract price, all in accordance with the approval of the Town Attorney, Budget line A.1670.2.200.500. Vote Record 2 Resolution RES-2010-554 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] Town Clerk's Appt Sco~ Russell Voter [] [] [] [] Supt Hgwys Appt 2010-555 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and NY Party Works in Connection with the Equipment Rental in an Amount Not to Exceed $1,095. OO for the Town of Southold Youth Bureau's Family Movie Night to be Held on August 20, 2010 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and NY Party Works in connection with the equipment rental in an amount not to exceed $L095.00 for the Town of Southold Youth Bureau's Family Movie Night to be held on August 20~ 2010, subject to the approval of the Town Attorney, Budget Line A.7310.4.600.100. July 27, 2010 Page 12 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled [] Withdrawn Vincent Orlando Iniii~i~ O [] Supervisor's Appt Chris~oph~ Taib~i Voter [] [] [] [] [] Tax Receiver's Appt ~!bert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt ~ott RUS~eii [] Supt Hgwys Appt 2010-556 C.4 TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Services Agreement and Statement of Work Between the Town of Southold and SPS VAR, L.L.C. in Connection with Upgrading Three Server Operating Systems RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Services Agreement and Statement of Work between the Town of Southold and SPS VAR~ L.L.C. in connection with upgrading three server operating systems, at a cost not to exceed $1,200.00 for travel and living expenses, and a fixed cost of $7,750.00, subject to the approval of the Town Attorney, Budget Line A. 1680.2.500.400. '~ Vote Ree°rd ~ R~s01ution RES-2010-S56 [] Adopted [] Adopted as Amended Yes/Aye : No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [3 [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot voter [] : E] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-557 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Amendment of Agreement Between the Town of Southold and the Suffolk County Office for the Aging for Community Services for the Elderly Residential Repair Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment of Agreement between the Town of Southold and the Suffolk Count, Office for the Aging for communi .ty services for the Elderly Residential Repair Program regarding a one year extension for the period April 1, 2010 through March 31, 2011, subject to the approval of the Town Attorney. July 27, 2010 Page 13 Southold Town Board Meeting Minutes ~' Vote R~Ord ~ Re~olufl0n RES-2010-$S7 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Ciarist0pher Taibot seconder 1-41 [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] Supt H~wys Appt 2010-558 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with the County of Suffolk, Office of Community Development RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk~ Office of Community Development, in connection with the 2010 Community Development Block Grant Program in an amount of $130,000, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2010-558 [] Adopted [3 Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder : [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] Tax Receivegs Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-559 CATEGOR~ DEPARTMEN~ Bid Acceptance Town Attorney Accept Bid Corazzini Asphalt~F1 Road Project RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt Inc. for the amount of $867,065 for the Fishers Island Road and Stormwater Improvement Project. July 27, 2010 Page 14 Southold Town Board Meeting Minutes Vote Record - Resolution RE$-2010-559 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoa Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-560 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and Corazzini Asphalt Inc. to Provide Asphalt and Drainage in Connection with the Fishers Island Road and Stormwater Improvement Project RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Corazzini Asphalt Inc. to provide road improvement asphalt and drainage services in connection with the Fishers Island Road and Stormwater Improvement Project, at a cost of $867,065, subject to the approval of the Town Attorney, Budget Line H.5110.2.400.200. Vote Ree~rd- Resolution RES-2010-560 gt Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando initiator [] [] [] [] [] Withdrava~ Christopher T~!b°! V0~er ~ D [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-561 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Release Leslie Tasca as the Historic Preservation Coordinator RESOLVED that the Town Board of the Town of Southold hereby releases Leslie Tasca from the position of Historic Preservation Coordinator for the Historic Preservation Commission, effective immediately, per Civil Service regulations. July 27, 2010 Page 15 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended yes/p, Ye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] F1 Fl [] E] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] Fl [3 [] [] Supt Hgwys Appt 2010-562 CATEGOR~ DEPARTMENT: Budget Modification Public Works Silversmith Corner Gazabo Fiscal Impact: Donation RESOLVED that the Town Board of the Town of Southold hereby modifies the Building & Grounds~ ProperS, Maintenance budget as follows: Increase Revenues A.2705.40 Gifts and Donations, Other Donations $9,500 Increase Appropriations A.1620.4.400.200 Building& Grounds, C.E., Property Maintenance/Repairs $9,500 Vote ReCOrd. Resolution RES-2010;562 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [3 [] [] [] Tabled Vincent Orlando Voter [~ [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] ~ [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-563 CATEGOR~ DEPARTMENT: Misc. Public Hearing Town Attorney Bombara CEM Appeal PH RESOLVED that the Town Board of the Town of Southold sets September 7~ 2010 at 9:00 AM in the Town Meeting Hall~ 53095 Main Road~ Southold, New York 11971~ as the time and place to continue the public hearing on the Coastal Erosion Hazard Board of Review July 27, 2010 Page 16 Southold Town Board Meeting Minutes Appeal of Robert G. Bombara~ relating to an amended application proposing a new single- family dwelling, garage and swimming pool proposed to be located at 1725 North Sea Drive~ Southold, SCTM #1000-54-4-19, and directs thc Town Clerk to publish notice of such appeal in The Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail. Vote ~rd- Resolution RES-2010~563 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland SeConder [] [3 [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell bfitiator [] [] [] [] [] Supt Hswys Appt 2010-564 CA TEGORY: Budget Modification DEPARTMENT: Solid Waste Management District CBI Grinder Budget Mod Fiscal Impact: Provide funds for expected grinder parts needs through end of year. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Solid Waste Management District budget as follows: From: SR 8160.4.400.840 Hazardous Waste Removal $4,000 To: SR 8160.4.100.596 Maint/Supply CBI Grinder $4,000 ~' Vote Record- ResolutiOn RES-2010-564 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [3 [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albelt Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-565 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk July 27, 2010 Page 17 Southold Town Board Meeting Minutes Grant Permission to the New Suffolk Waterfront Fund and the Peconic Land Trust to To Use Certain Town Roads in New Suffolk for Its 5K Run~Walk in New Suffolk, on August 14, 2010 Beginning at 9.'00 AM Fiscal Impact: Estimated Police Department cost for event is $251.20 if the roads need to be closed. RESOLVED that the Town Board of the Town of Southold hereby grants permission to The New Suffolk Waterfront Fund and the Peconie Land Trust to to use the following town roads for its 5K Run/Walk in New Suffolk~ on August 14~ 2010 beginning at 9:00 a.m, provided they file with the Town Clerk a $100 fee, a $250 Clean-up Deposit fee, and a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured, and contact Capt. Flatley upon receipt of thc approval of this resolution to coordinate traffic control: New Suffolk Road, New Suffolk Avenue, Main Street, Orchard Street, 1st Street and Grathwohl Avenue. Vote Record - Resolution RES-2010-565 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] I~ [] [] Tabled Vincent Orlando Initiator I~ [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder l~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] Supt Hgwys Appt 2010-608 CA TE GO R Y: DEPARTMENT: Appeals Town Attorney Adopts the Findings and Determination of the Appeal of Claudia and Julien Ramone of the Landmark Preservation Commissions' Denial of Certificate of Appropriateness Dated June 7, 2010 RESOLVED that the Town Board of the Town of Southold hereby adopts the Findings and Determination of the Appeal of Claudia and Julien Ramone of the Landmark Preservation Commissions' Denial of Certificate of Appropriateness dated June 7~ 2010. Vote Record - Resolution RES-2010-608 [] Adopted [] Adopted as Amended [] Defeated yes/Ay~ N~ay ~bstain Absent [] Tabled William Ruland seConder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] 13 [] [] [] Tax Receiver's Appt Albert KmpSki Jr. Initiator [] [] D [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt Next: Aug 10, 2010 7:30 PM July 27, 2010 Page 18 Southold Town Board Meeting Minutes 2010-567 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and Cashin Associates, P.C. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Cashin Associates~ P.C. to provide construction management services in connection with the Fishers Island Road and Stormwater Improvement Project, in accordance with their Proposal dated June 7, 2010, at a cost not to exceed $87,500, subject to the approval of the Town Attorney, Budget Line H.5110.2.400.200. Vote Record -Resolution RES-2010~567 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Ktup~k! Jr. Voter [] [] 13 [] Louisa P. Evans Initiator [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-568 CA TE G O R Y: DEPARTMENT: Bid Acceptance Town Clerk Accept Bid for Used PD Vehicles RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Donald Grim, PO Box 300, Cutchogue, NY in the total amount of $693.00 for three (3) used Police vehicles, all in accordance with the Town Attorney. 2003 FORD Crown Victoria - color Gray - VIN 109519 - 107,309 miles $231.00 2005 FORD Crown Victoria - color White - VIN 126760 - 112,450 miles 231.00 2005 FORD Crown Victoria - color White - VIN 26763 - 122,125 miles 231.00 Vote Record; Resolution RES-2010~568 [] Adopted [] Adopted as Amended yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [3 [] [] Withdrawn [] Supervisor's Appt Christopher Talbot initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] : [] [] [] [] Rescinded Louisa P. Evans Voter [] : [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [3 [] Supt Hgwys Appt July 27, 2010 Page 19 Southold Town Board Meeting Minutes 30. Comment regarding resolution 568 COUNCILMAN KRUPSKI: You know the Supervisor's car has more mileage than these, I guess we know what it is worth. 2010-569 CATEGORY: DEPARTMENT: Employment - Town Accounting Accept the Intent to Retire of Joseph C Blados RESOLVED that the Town Board of the Town of Southold hereby accepts the intent to retire of Joseph C Blados from the position of a Maintenance Mechanic Ill for the Highway Department, effective August 13, 2010. ,Vote ReCOrd ~ Resolution RES.20!0;569 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Initiator [] : [] : [] [] [] Withdrawn vin~ehi 0~iand0 Seconder [] [~ [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt A!be~ Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt Next: Aug 24, 2010 4:30 PM 2010-570 CATEGOR~ DEPARTMENT: Close/Use Town Roads Town Clerk Douglas Moore Memorial Concert 2010 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Douglas Moore Memorial Music Festival to close Case's Lane ad[acent to the Village Green~ for its Annual Concert on the Cutchogue Village Green~ on Saturday~ August 14~ 2010~ from 5:00 PM to 10:00 PM 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 immediately to coordinate traffic control. Vote Record ~ ReSOlufl0a RES-2010;570 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland V~ter [] [] [] [] [] Tabled [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Cluist~pher T~i~ V0ier ~ [] ~ ~ [] Tax Receiver's Appt Albert Krupski Jr. Seconder : [~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [3 Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt July 27, 2010 Page 20 Southold Town Board Meeting Minutes 2010-571 CATEGOR~ DEPARTMENT: Budget Modification Accounting Budget Modification for Pump-Out Boat Grant Fiscal Impact: Reclassify Pump Out Boat Grants to Federal Aid (not State Aid) RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.3089.85 State Aid, Pump-Out Boat Grant $10,000 To~: A.4997.10 Federal Aid, Pump-Out Boat Grant $10,000 ~V0te Record. Resolutloa RES-2010.571 [] Adopted [] Adopted as Amended Yes/Aye NofNay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert gaupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P: Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-572 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Retirement of PO Todd W. Johnson RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of Todd W. Johnson from the position of Police Officer in the Southold Town Police Department, effective July 22, 2010. Vote Record - Re~olution RES-2010-572 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [~ [] [] [] [] Supervisor% Appt [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt July 27, 2010 Page 21 Southold Town Board Meeting Minutes 2010-573 CATEGOR~ DEPARTMEN~ Employment - FIFD Accounting Appoint Kevin Kapfer Part Time Deckhand WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their July 21,2010 monthly meeting to hire a year round part time deckhand Kevin Kapfer of Norwich, CT effective August 5, 2010 and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Kevin Kapfer to the position of a year round part time deckhand for the Fishers Island Ferry District, effective August 5, 2010 at a rate of $9.50 per hour. Vote Record- Resolution RES-2010-573 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot initiator [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [3 [] [] [] Town Clerk's Appt Scott Russell Voter [] U [] [] [] Supt H~wys Appt 2010-574 CATEGOR~ DEPARTMENT: Employment - FIFD Accounting Appoint James G. Traub Part Time Deckhand WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their July 21, 2010 monthly meeting to hire a year round part time deckhand James G. Traub effective August 5, 2010 and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints James G. Traub to the position of a year round part time deckhand for the Fishers Island Ferry District, effective August 5, 2010 at a rate of$11.00 per hour. July 27, 2010 Page 22 Southold Town Board Meeting Minutes [] withdrawn ChristoPher Talbot Voter [~ [] U [] [] Town Clerk's Appt Scot~ RusSell Voter I~ [] [] [] [] Supt Hlswys Appt 2010-575 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification Health Plan Reinsurance Fiscal Impact: Increase appropriation for the stop-loss policies for the Town's self-insured medical program. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Town of Southold Employee Health Plan budget as follows: From: MS.9060.8.000.000 Medical Benefits, C.E. To~: MS.1910.4.000.000 Insurance, C.E. $30,000 $30,000 Vote Record - Resolution RES-2010-575 [] Adopted [] Adopted as Amended yes,Aye No/Nay Abstain Absent [] Defeated William Ruiand voter I~ [] [] [] [] Tabled Vincent Orlando iniiiat0r i~ El ri El [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Alber~ Krupski Jr. Seconder [] [] El [] [] Tax Receiver's Appt [] Resckaded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-576 CA TE GOR Y: Grant s DEPARTMENT: Public Works Bittner Preserve RESOLVED that the Town Board of the Town of Southold hereby grants permission to Alex Goerler (Boy Scouts of America, Eagle Scout Candidate) to plant beach grass at the Bittner Preserve, 4305 Sound View Avenue~ Southold, as part of the Bittner Preserve Demolition and Site Restoration Proiect~ funded by a grant from the NYS Department of State, subject to July 27, 2010 Page 23 Southold Town Board Meeting Minutes the approval of the Southold Land Preservation Committee. · ~' V0te ReCOrd. Re~lufl0n RES-2010-576 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Absta n Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [3 [] Withdrawn [] Supervisor's Appt Chris!~pher T~!bot Voter fi] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] : [] [] [] Supt Hgwys Appt 2010-577 CATEGOR~ DEPARTMEN~ Budget Modification Accounting Budget Modification for Pump Equipment Fiscal Impact: Reallocate emergency appropriation for pumping equipment purchased rather than rented RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Highway Fund Part Town budget as follows: From: DB.5130.4.400.300 Machinery, Equipment Rentals $13,665 To: DB.5130.2.500.200 Machinery, Pumping Equipment $13,665 Vote Record -Reaolution RE~:Z010-577 [] Adopted [] Adopted as Amended Yes/ATe No/Nay Absta n Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Cluistopher Talbot Seconder [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] 13 [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt 2010-609 CATEGORY: DEPARTMENT: Property Usage Recreation Use of Town Property RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold High School to use 6 tennis courts at Tasker & Jean Cochran parks for varsi ,ty July 27, 2010 Page 24 Southold Town Board Meeting Minutes matches for a total of 14 days beginning September 13 and ending on October 14~ dates to be coordinated with the Southold Town Recreation Department. The applicant must file with the Town Clerk's Office a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured, subject to the approval of the Town Attorney. ~ ~ie R~rd + Re~lua0n RES-201~9 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn vi~t oriahd~ Seconder [] Supervisor's Appt Christopher Talbot Initiator [] [3 [] [] [] Tax Receiver's Appt A!be~ ~pski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] ' [] [] [] [3 Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt Next: Aug 10, 2010 7:30 PM 2010-579 CATEGOR~ DEPARTMENT: Retirement/Resignation Town Clerk Retirement Resolution for Elected Officials RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2010- 466, adopted at the June 29, 2010, regular Town Board meeting, to read as follows: WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing board within 150 days of the start of their term; Now Therefore, be it RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Begins/Participates in Days/Month (based on Work Ends Employer's Time Record of Activities) Day Keeping System (Hrs/day (Y/N) Elected Officials Town Clerk Highway Supt Town Justice Elizabeth A. 7 1/1/2010 - N 28.96 Neville 12/31/13 Peter Harris 8 1/1/10 N 25.77 12/31/13 William H. Price, 6 1/1/10- N 17.74 July 27, 2010 Page 25 Southold Town Board Meeting Minutes Jr. Town Board Albert J. Krupski, 6 Jr. Town Board Christopher 6 Talbot Justice Louisa P. Evans 6 Assessor Robert Scott, Jr. 7 Assessor Kevin J. Webster 7 Town Trustee Jill Doherty 6 Town Trustee Dave Bergen 6 Town Trustee John M. 6 Bredemeyer Zoning Board James Dinizio 6 12/31/13 1/1/10 N 5.31 15.69 12/31/13 1/1/10 N 13.72 12/31/13 1/1/10 N 19.86 12/31/13 1/1/2013 N 24.57 12/31/13 1/1/10 N 20.93 12/31/13 1/1/10 N 6.70 12/31/13 I/1/10 N 6.06 12/31/13 1/1/2010 N 4.13 12/31/13 1/1/2010 N 5.75 12/31/14 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. 1, Elizabeth A. Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the 27th day of July, 2010 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of seven (7) members, and the six (6) of such members were present at such meeting and that six (6) of such members voted in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 27th day of July, 2010. SEAL Elizabeth A. Neville Town Clerk Town of Southold A certified copy of this resolution shall be sent to the New York State Employees Retirement July 27, 2010 Page 26 Southold Town Board Meeting Minutes System and posted on the Town Website for a period of thirty (30) days. ~ v0te Reeord ~ Reso!ut!on ~2010-579 [] Adopted [] Adopted as Amended r ~s/Ay~ No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] 0 [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn C~st~pber Ta!b0[ V0[er gl [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans SeConder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-580 CATEGOR~ DEPARTMENT: Local Law Public Hearing Town Clerk PH 8/10/10 7.'35 Pm - Night Fishing WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of July, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits. 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 l0th day of August, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To create an exception to parking restrictions for fishermen and shell fishermen that are residents, guests of residents or lessees of the Town allowing parking access to beaches, creeks, and waters within the Town between the hours of 10:00 p.m. and 6:00 a.m. with a proper permit and to relocate the applicable provision for parking at beaches from the Vehicle and Traffic Code (Chapter 260) to the Parking Code (Chapter 189). July 27, 2010 Page 27 Southold Town Board Meeting Minutes II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: § 189-2. Designation of parking areas requiring permits. G. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m. in all of the beach parking areas designated in § 189-2A. § 189-3. Parking permits. Parking permits for parking vehicles in the parking areas designated in §189-2 of this article shall be issued as follows: G. Night fishing parking permit. For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.), the following exception to §189-2G is hereby created: [Added 6-8-1999 by L.L. No. 4-1999] (1) Night fishing parking permit. A night fishing parking permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who hold a resident, lessee or guest parking permit. (2) Any motor vehicle having a night fishing parking permit shall be deemed not to be in violation of § 189-2G or § 189-3G and where both the night fishing permit and the resident, lessee or guest parking permit are properly displayed. (3) The following rules and regulations apply: (a) At the time a motor vehicle with a night fishing permit is parked at a location during a time in which parking is normally prohibited by §189- 2G and § 189-3G, the occupants of the vehicle must have fishing equipment and be actively engaged in fishing. The permit is nontransferable and valid only for vehicles bearing the license plate number on the permit. (b) Fees. There shall be no annual fee for night fishing permits. (c) Duration of permits. All night fishing permits provided for in this section shall expire at the same time as the resident, lessee or guest parking permit. (4) Other regulations. Persons using parking areas pursuant to the provisions of this section shall comply with all other laws, ordinances, rules, regulations and restrictions thereto. III. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-9. Parking prohibited during certain hours. July 27, 2010 Page 28 Southold Town Board Meeting Minutes IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Reeord- Resolution RES-2010-580 [] Adopted [] Adopted as Amended yes/~ye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [3 Withdrawn [] Supervisoffs Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder El [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] I~ [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-581 CATEGORY: Local Law Public Heating DEPARTMENT: Town Clerk PH8/24/10 4:35 - RiP Part A July 27, 2010 Page 29 Southold Town Board Meeting Minutes WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27t~ day of July, 2010, a Local Law entitled "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part A". 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 24th day of August, 2010 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Pro~ram~ Part A" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. This local law is being enacted in accordance with § 10 of the Municipal Home Rule Law and pursuant to Chapter 105 of the Laws of 2010 for the purpose of making the 2010 Retirement Incentive Part A available to employees of the Town of Southold. II. Part A - Chapter 105~ Laws of 2010. 1. The Town of Southold hereby elects to provide all of its eligible employees with a Retirement Incentive Program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the Retirement Incentive Program shall be September 1, 2010. 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 45 days in length. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Southold for each employee who receives the retirement benefits payable under this Local Law. IlL 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. July 27, 2010 Page 30 Southold Town Board Meeting Minutes IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ~v0teReeord,Re$Oluti0nRE~-2010-581 ,,,, ,, , ,, [] Adopted [] Adopted as Amended Yes/A~:e No/Nay Abstain Absent [] Defeated William Ruland Voter I¢1 [] : [] [] [3 Tabled Vincent Orlando Voter I~ [] [] [] [] Withdrawn ~hri~i~her 'rai¢~i S~h,l~ 0 [] r~ 13 [] Supervisor's Appt [] Tax Receiver's Appt A!ber~ Krupsk! J~. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter ~1 [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-582 CATEGOR~ DEPARTMENT: Local Law Public Hearing Town Clerk Ph L1 8/10/10 7.'35 P.M., Retire Part B WHEREAS, there has been presented to the Town Board of the Town of Southold, Sufiblk County, New York, on the 27th day of July, 2010, a Local Law entitled "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part B'. 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 24th day of August, 2010 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part B" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. This local law is being enacted in accordance with §10 of the Municipal Home Rule Law and pursuant to Chapter 105 of the Laws of 2010 for the purpose of making the 2010 Retirement Incentive Part B available to employees of the Town of Southold. II. Part B - Chapter 105, Laws of 2010. July 27, 2010 Page 31 Southold Town Board Meeting Minutes The Town of Southold hereby elects to provide all of its eligible employees with a Retirement Incentive Program authorized by Chapter 105, Laws of 2010. The commencement date of the Retirement Incentive Program shall be October 1, 2010. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 90 days in length and shall end on December 29, 2010. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Southold for each employee who receives the retirement benefits payable under this Local Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. '~' V0te Record = Redo!ut!on RES;20i0-582 [] Adopted [] Adopted as Amended ~s/Aye N0~Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt A!be~ Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-583 CA TEGOR Y: DEPARTMENT: SupportFNon-Support Resolution Town Clerk GIS at Stony Brook WHEREAS the Geographic Information System (GIS) program at Stony Brook University's Southampton campus was designed to provide Educational, Data, Research, and Consultative Services to the public and private sector entities within New York State, and WHEREAS the GIS Program also was intended to help satisfy the State University of New York's mission to provide its students with opportunities to obtain an excellent higher education and the associated skills necessary to compete in the marketplace, and July 27, 2010 Page 32 Southold Town Board Meeting Minutes WHEREAS Long Island's towns and villages would benefit from access to the GIS Program for various Educational Services, Data Services, and Research and Consultative Services, and WHEREAS the closure of the Stony Brook Southampton Campus has put the long-term future of the GIS Program into question, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby supports the continuance of the GIS Program on the main campus of Stony Brook University and the continuance ora satellite presence of the Program at Stony Brook University's Southampton campus. Vote Record - R~oluti0n RES-2010-583 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] : [] O [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn ~!0Pher Talb0[ Initiator [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] O Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] D ~ [] Supt Hgwys Appt 2010-584 CATEGORY: DEPARTMENT: Seqra Town Attorney SEQRA AL Exterior Lighting RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in Relation to Regulating Exterior Lighting" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated July 26, 2010, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record - Resolution RES-2010-584 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent E] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-585 CA TEGOR Y: S eqra DEPARTMENT: Town Attorney July 27, 2010 Page 33 Southold Town Board Meeting Minutes SEQRA LL Chapter 83, Animals RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in Relation to Amendments to Chapter 783~ Animals" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated July 26, 2010, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Rgcord - ReSOlution RES-2010-585 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [3 Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn [] Supervisor's Appt ~i~her T~ib0~ Voter F1 [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt 2010-586 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Exterior Lighting WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29thth day of June 2010, a Local Law entitled "A Local Law in relation to Regulating Exterior Lighting" and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Regulating Exterior Lighting" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Regulating Exterior Lighting". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. July 27, 2010 Page 34 Southold Town Board Meeting Minutes The provisions of this chapter are intended to control and regulate exterior lighting throughout the Town of Southold; eliminate unsafe glare that contributes to accidents by hindering visibility; promote more cost-effective lighting fixtures that are more energy efficient and conserves natural resources; protect landowners from the intrusive effects of glare and light trespass; preserve the rural character of the Town; protect the health and habitat of flora and fauna; and restore and maintain the natural beauty of the night sky. Excessive, unshielded and/or poorly directed exterior lighting causes light pollution and has many adverse effects. Light pollution detracts from the rural qualities of the Town and environs and results in an increasingly suburban and overdeveloped appearance at night. Glare associated with such lighting is hazardous for drivers and pedestrians on the Town's roads, interferes with the privacy of residents, wastes energy and creates skyglow that reduces visibility of the stars in the night sky and diminishes appreciation for the natural nocturnal environment. This chapter takes proper account of the legitimate uses of lighting while providing guidance and direction for the citizens of the Town. II. A new Chapter 136 of the Code of the Town of Southold is hereby adopted as follows: §136- 1. Title. This chapter shall be known as the "Exterior Lighting Law." §136-2. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest editions): AREA LIGHT - A luminaire designed for illumination of a broad area. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights over 1,800 lumens. ESSENTIAL LIGHTING - Light that is used for a specified period of time, which is necessary for location identification, safety, security or public circulation purposes. EXCESSIVE LIGHTING - Illuminance levels beyond that which is required for safety, as recommended in IESNA Recommended Practices, or higher than 5 footcandles on any lit surface unless a higher level is indicated on the Table of Limits of Illumination Levels. EXTERIOR LIGHTING - lighting that is mounted, located, lamped or used, whether inside or outside, to illuminate outdoor features. For the purposes of this chapter, lighting which is installed indoors but which is intended to illuminate an area outdoors shall be considered exterior lighting. FIXTURE - The complete lighting assembly (including but not limited to the lamp, housing, ballast, timers, photocells, reflectors, cover glass, lenses, louvers, and shields), including the support assembly (pole or mounting bracket). For purposes of determining total light output from a light fixture, lighting assemblies which may include multiple lamps shall be considered as a single fixture. Also referred to as a "luminaire." FOOTCANDLE ("FC") - The basic unit of illuminance (the amount of light falling on a surface). July 27, 2010 Page 35 Southold Town Board Meeting Minutes Footcandle measurement is taken with a light meter. One footcandle is approximately equal to the illuminance produced by a light source of one can&la in intensity, measured on a surface at a one foot distance from the source. Horizontal footcandles measure the illumination striking a horizontal plane. Footcandle values can be measured directly with certain handheld incident light meters. FULL CUTOFF ("FCO') - A classification for a luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80° up to 90° cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer. A cutoff, or semi-cutoff design, allows a restricted amount of light emitted above the horizontal and a non-cutoff provides no restriction against light emitted above the horizontal. FULLY SHIELDED - A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. It is the same as a full cutoff luminaire but without any restrictions on light distribution below the horizontal plane, and it can be identified without a manufacturer's report. GLARE - Unshielded light from a light source that may result in nuisance or annoyance, discomfort or visual disability. HOLIDAY LIGHTING - Temporary lights installed on a residential property which are installed in connection with holiday or religious observances between Thanksgiving and the following January 15. ILLUMINANCE - The density of light falling on any point of a surface, usually measured in footcandles in the United States. See "footcandles." IESNA - Illuminating Engineering Society of North America (IES or IESNA), an organization that establishes updated standards and illumination guidelines for the lighting industry. IESNA RECOMMENDED PRACTICES - The most current publications of the IESNA setting forth illuminance levels for different task areas, e.g., walkways, streets, sports lights, etc. LAMP - The source of artificial light as distinguished from the fixture. LANDSCAPE LIGHTING - Lighting which is positioned and aimed to illuminate foliage, driveways, walkways, patios, decks and other exterior pedestrian areas, whether or not mounted on a structure. LIGHTiNG - Light fixture or light source, or the effect of light, and all apparatus and wiring to power artificial light. LIGHT POLLUTION - Any and all nuisances caused by the adverse effect of man-made light, including but not limited to glare, light trespass, skyglow, visual clutter, and wasted energy due to excessive or unnecessary lighting; or artificial light that unnecessarily diminishes the ability to view the night sky or is disruptive to flora and fauna. LIGHT SOURCE - The light-emitting part or parts ora fixture, consisting of the lamp or lamps and any transparent or translucent covering over the lamp, as well as any refractors, reflectors, prismatic lenses, mirrors, or diffusers which emit or transmit light. LIGHT TRESPASS - Light projected across property lines or into the public right of way when it is not required or permitted to do so. July 27, 2010 Page 36 Southold Town Board Meeting Minutes LUMEN - A unit used to measure the amount of light that is produced by a light source. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage. LUMINAIRE - The complete lighting assembly (including the lamp, housing, ballasts, photocells, reflectors, lenses and shields), less the support assembly (pole or mounting bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit. MOUNTiNG HEIGHT - The vertical distance of the light source from natural grade. NONESSENTIAL EXTERIOR LIGHTING - Lighting which is unnecessary for pedestrian passage and not generally useful (e.g., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours). PARTIALLY SHIELDED - A light fixture that is not fully shielded but incorporates a partial shield around the lamp by opaque barrier(s) such as louvers, shields, and other means in order to prevent the light source from being visible from across property lines, into waterways, or roadways. SKYGLOW - Glare or illumination of the night sky, whether direct or reflected. UNIFORMITY RATIO ("U RATIO") - A ratio that describes uniformity of illuminance across an area. The uniformity ratio may be a ratio of the maximum-to-minimum illuminance or the average-to-minimum illuminance. For example, if the Illuminating Engineering Society recommends an average-to-minimum ratio of 4:1 for a parking lot, the minimum illuminance should be no less than 1/4 of the average illuminance across the parking lot. UNSHIELDED FIXTURE - A fixture which, as designed or installed, emits all or part of the light above the lowest part of the light source. §136 - 3. Conflicts with other laws. In a case where this chapter is found to be in conflict with a provision of any other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. §136-4. Applicability. All exterior luminaires, installed, replaced or repaired after the effective date of this Chapter shall conform to the standards established herein. All existing residential, private commercial, institutional, and utility owned or operated exterior lighting lawfully installed prior to the effective date of this Chapter are deemed nonconforming exterior lighting. Such nonconforming exterior lighting shall be brought into compliance with this chapter upon: (1) The replacement or relocation of such nonconforming exterior lighting fixture; or (2) Any reconstruction, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. July 27, 2010 Page 37 Southold Town Board Meeting Minutes §136- 5. Standards for exterior lighting. General Requirements: (1) All exterior lighting shall be designed, located, and lamped to prevent excessive lighting, energy waste, glare, light trespass, and unnecessary skyglow. (2) All nonessential exterior lighting shall be turned off within ½ hour after the close of business and/or when not in use. Lights that are controlled by timers or are motion sensor-activated are encouraged to replace existing lighting necessary for safety purposes. (3) Canopy lights, such as service station lighting shall be fully recessed and full cutoffluminaires so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties (4) All area lights shall be full cutoffluminaires. See Figures I and 2 below. Placement, height and number of fixtures: (1) No luminaires shall be taller than or mounted higher than 35 feet from the ground to their tallest point. (2) If illuminance grid lighting plans cannot be reviewed or if fixtures do not provide photometrics and bulbs are under 1800 lumens, the following requirements apply: (i) Pole height shall be no greater than four times the distance to the property line and maximum lumen levels permitted for different fixture heights are as follows: Mounting Height (feet) 6 8 10 12 16 Lumen Maximums 500 - 1000 lumens 600-1600 lumens 1000 - 2000 lumens 1600 - 2400 lumens 2400 - 6000 lumens (3) All private commercial, institutional and utility existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting. (4) All proposed exterior lighting should use the least number of poles/fixtures at the lowest height and at the lowest illuminance levels necessary to safely light the area for the proposed use. Illuminance and type of lamp: (1) No luminaire shall be located or concentrated so as to produce glare or direct illumination across the boundary property line, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. The maximum illuminance at the property line ora parcel that adjoins a residential parcel or public right of way may not exceed 0.05 footcandle. The maximum illuminance at the property line between two nonresidential properties is 0.1 footcandle. (2) The average illuminance levels listed in the illumination levels for Various Common Tasks, as provided in the IESNA recommended Practices guidelines, shall not be exceeded for exterior lighting unless otherwise specified or approved by the Building Department or the Planning Board. The maximum number of July 27, 2010 Page 38 Southold Town Board Meeting Minutes (3) (4) lumens for commercial uses is 25,000 lumens per acre. For proposals in residential and limited business districts the maximum number of Lumens is 10,000 Lumens per acre. The Town recognizes that not every situation will require lighting, and excessive or unnecessary light shall be avoided. Appropriate lighting levels are dependent upon the general nature of the surroundings and the Building Department or Planning Board may require more or less than those listed in the IESNA Recommended Practices Guidelines. Illuminance level measurements for parking lots, sidewalks, and other walkways shall include any light from nearby side-mounted building lights, freestanding sidewalk lights affected by side-mounted building lights, and existing or proposed streetlights. In no instance may any lighted surface, as installed, exceed five footcandles, as measured horizontally or vertically by a light meter unless it can be demonstrated that a higher level is necessary for the proposed use (higher levels should be based on guidelines established either in the IESNA Handbook or similar professional or governmental guidelines or regulations (e.g., Federal standards establishing lighting levels around automated teller machines). High-pressure sodium shall be used for all light sources rated over 1,800 lumens. Streetlights shall be full cutoff high-pressure sodium, low-pressure sodium, or fluorescent, unless otherwise determined that another type is more efficient. Streetlights along residential streets shall not exceed 70-watt high-pressure sodium (hps) light with a lumen output of 6,400. streetlights along nonresidential streets or at intersections shall not exceed 150 watts hps each, with a lumen output of 1,600, except the lights at major intersections on state highways shall not exceed 250 watts hps. Ifa light type other than high-pressure sodium is permitted, then the equivalent output shall be the limit for that light type. Exception: replacements of "historic" lighting design where the replacement of the luminaire piecemeal with compliant luminaires would unacceptably degrade the aesthetic characteristics of the existing lighting design. §136-6. Exemptions. The following exterior lighting is exempt or is partially exempt from the provisions of this Chapter: A. Vehicular lights, United States Coast Guard approved maritime navigational lighting, temporary lighting associated with nighttime roadwork and construction activities, and all temporary emergency lighting needed by fire, ambulance, and police departments or other emergency services are exempt. B. Lighting of radio, communication and navigation towers is allowed, provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this section, and that the provisions of this section are otherwise met. Tower lighting shall not be permitted unless required by the FAA; in which case, required lighting shall be of the lowest allowed intensity and red, unless otherwise specifically forbidden under the FAA regulations. C. Holiday exterior lighting is exempt from provisions regarding shielding, location, July 27, 2010 Page 39 Southold Town Board Meeting Minutes mounting height and total wattage, but must be turned off by 12:59 a.m. Temporary lighting in association with an approved special event permit shall comply with all provisions exclusive of location, mounting height, and total wattage, and shall be extinguished no later than 12:59 a.m. on the date of the approved event. Upward lighting of the American (and/or other governmental) flag in the form of a single ground-mounted narrow cone spotlight located at the base of the pole which confines the illumination to the flag and limits lumen output to a total of 1,800 lumens (equivalent to 100 watt incandescent) is exempt. The Town encourages the tradition of raising and lowering flags to avoid lighting. Recreational lighting: (1) Public recreational lighting shall comply with all provisions of this chapter, exclusive of height and maximum footcandle limits set forth in §136-5(c)(2). No public recreational facility shall be illuminated after 11:00 p.m., except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 p.m. (2) Private recreational lighting shall comply with all provisions of this chapter, exclusive of the maximum footcandle limits set forth in §136-5(c)(2). No private recreational lighting shall be illuminated after 11:00 p.m. §136-7. Prohibitions. The following are prohibited: A. Searchlights, other than those required by law. B. Strobe lights, laser lights, or revolving lighting. C. Blinking, pulsating, tracing or flashing lights. D. Lighting which is used to outline or illuminate a building, structure or window. E. Floodlighting or "wall washing" lighting which is designed to illuminate the walls of a building or other structures. F. Any light fixture that may be construed as or confused with a traffic control device or maritime navigational marker. G. The following lamp and fixture types shall not be permitted: (1) High-intensity discharge, including metal halide, and high-pressure and low- pressure sodium. (2) Mercury vapor. (3) Neon. (4) Lamps rated higher than 3000 Kelvin in color. H. Unshielded light fixtures, except as permitted herein. {}136-8. Review Procedures A. All applications for sign permits or building permits shall include lighting plans showing the following information to verify that proposed lighting conforms to the provisions of this chapter: (1) location of each existing and proposed outdoor light fixture; July 27, 2010 Page 40 Southold Town Board Meeting Minutes (2) luminaire distribution and type; (3) lamp source type; (4) wattage; (5) mounting height; (6) hours of operation; and (7) lumen output. B. All applications for site plan and subdivision approval shall include lighting plans certified by a licensed professional, luminaire and controls specifications and additional documentation, if any lighting is to be used, regardless of whether the lighting is preexisting or proposed, showing the following to verify that the lighting conforms to the provisions of this chapter: (1) Location of each current and proposed outdoor lighting fixture indicated on a site plan. (2) Type and number of fixtures, including cutoff characteristics, indicating manufacturer and model number(s). (3) Lamp source type, lumen output, and wattage. (4) Mounting height indicated, with distance noted to nearest property line for each luminaire. (5) Types of timing devices used to control on/off and the hours set for illumination, as well as the proposed hours when each fixture will be operated. (6)Shielding and all mounting details, including pole foundation description. (7) Total Lumens for all fixtures, and total square footage of areas to be illuminated. (8) For plans that require three or more fixtures the submission of a calculations summary indicated all footcandle levels on the lighting plan, noting the maximum, average and minimum as well as the uniformity ratio of maximum to minimum, and average to minimum levels. (9) Lighting manufacturer specifications ("cut sheets") with photographs of the fixtures, indicating the cutoff characteristics of the luminaire. (10) For plans that require three or more fixtures, the submission of an Isometric Footcandle Distribution Diagram indicating the light levels for the fixtures at the designating mounting heights. Maximum illuminance levels should be expressed in footcandle measurements on a grid of the site showing footcandle readings in every ten foot square. The ghd shall include light contributions from all sources (i.e., pole-mounted lights, wall-mounted lights, and signs, including private streetlights. (11) If necessary, documentation by a lighting engineer showing that the provisions can only be met with a design that does not comply with this section. C. For all other exterior lighting which must conform to the requirements of this chapter, the Building Inspector shall issue a decision whether the exterior lighting complies with the standards set forth herein. All such decisions may be appealed to the Zoning Board of July 27, 2010 Page 41 Southold Town Board Meeting Minutes. Appeals within 30 days of the decision. The Zoning Board of Appeals, after a public heating, may grant variances from the requirements of this chapter. D. No exterior lighting shall be altered, enlarged moved or converted unless it conforms to a lighting plan approved by the Building Department, Planning Board or Zoning Board of Appeals. §136-9. Penalties for offenses. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine not to exceed two hundred fifty dollars ($250.00) for residential violations and a fine not to exceed seven hundred fifty dollars ($750.00) for non-residential violations. Each continuing day of violation of this chapter shall constitute a separate offense. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. A IlL 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. July 27, 2010 Page 42 Southold Town Board Meeting Minutes IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. July 27, 2010 Page 43 Southold Town Board Meeting Minutes. FIGURE #! A~pendix 3: Definition of Acceptable Fixtures: "Full Cut Off", "Ftdly Shielded"*~ and RLM shield. · 'IZallCutOt~*Bxtutesdon°taliownnylightto~eemittedabovethefixtu£e. The fixture controls glnre by ltreithlg.the light output ~t 10 degrees below the horizontal, to less than 10% of the light output i~ lumens. · l~&mufacture~s and fl~r reptesentativea can Frovide photographs ofllght fixtures a~ "cut sheets" as well as litetatttte confirming the independendy tested "cut off' chutactedstic~ of tbeir products. * PhotomeLdc layouts for different heights, light sources, and wattages, axe also awailgble as "IFPS" files, upon request or through manufacturer~' wchsites. "Full cut offf fixtures must be installed propealy, so flaat the bottom of the fixture is level · "Fully Shidded" fixture, do not ~lioW a~y light to be emitted above the lowest Rght emitting part, but do not rcsRict light output in the "glare" zone, 90-80 degree~ below horizontal. * If the manufactur~ is unable to ptovlde the "cut off' characteristics for a fixture (also called a "luminaire'~, the following de. fttdtion needs to be met: "Fully Shielded", which is a fixture constructed and installed in such a mann~t that all light emiRed by it, either directly from the ismp (bulb) or g diffusing elonamt, or indker tly by reflection ot refraction tlom any part of die fixture, is l~ojected below the hoxizoatal. This can be determined by a "field teat": g visual assessment of un operating sample. This is a "RLM" sign lighting sh/eld July 27, 2010 Page 44 Southold Town Board Meeting Minutes FIGURE #2 l~lnacceptableFixtures Acceptable FixtUres F~ ~ea Walkway , /~sk your local electrical suppliers for "full-cut otP~ ILght fixtures or fixtures with the IDA Seal 0£ Approval. Dhg~ams com'tesy of Bob Ctelin, http://www, thegtazebust¢ccom/ July 27, 2010 Page 45 Southold Town Board Meeting Minutes Vote Record- Resolution RES-20t0-586 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent I~ Defeated William Ruland Voter [] [] [] [] [3 Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] F1 Rescinded Louisa P. Evans Seconder [] [] [] Fl [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 49. Comments regarding resolution 586 COUNCILMAN KRUPSKI: Can I recommend that we adopt two of the minor changes from the Planning Board? The first change was to emphasize the concept of the shortest light poles and they wanted to arrange them in some sort of pattern that seemed to be important and the Planning Board is currently enforcing these regulations now, so they have some experience in this. And the third is that or the second change is change number three to section 136-7 D, exclude permitted signs that might be painted on the wall of the building or the structure as lighting which is used to illuminate or outline a building, structure or window except to light a permanent sign, which such light be focused downward from above and is lighting only the sign. And I would like to, those two minor additions in the local law. COUNCILMAN TALBOT: It may already be addressed in 136-5 because you have mounting height of fixtures and maximum lumen, 6 feet, 8 feet, 10, 12 and 16. All shall be no greater than four times the distance to the property line. COUNCILMAN KRUPSKI: The pole height also? COUNCILMAN TALBOT: Yes, it is referenced in 136-5. COUNCILMAN KRUPSKI: Okay. Well, those were their comments which maybe didn't seem that, they seemed minor. COUNCILMAN TALBOT: If it wasn't already referenced in the code, I would second it. SUPERVISOR RUSSELL: First I am going to ask for a voice vote to support Albert's recommendations to adopt? COUNCILMAN RULAND: Exactly what are we voting on now? SUPERVISOR RUSSELL: We are voting on the proposed local law with the recommended amendments as recommended by the Planning Board. JUSTICE EVANS: Only two of them. COUNCILMAN KRUPSKI: Only the two. July 27, 2010 Page 46 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Only the two. JUSTICE EVANS: One and three. COUNCILMAN RULAND: I think before I cast my vote I would say that since it has been a lot of effort to come to this point, I don't think that anything other than moving ahead with it would be in the best interests of the people of the Town. And I also think that the comments that have been made, both oral, written from the Planning Board, should be the basis for immediately looking at how this is going to move forward from here. And if amendments need to be made based on either written comments that we have yet, logical written comments that we have yet to hear or based on the testimony on people who spoke or based on recommendations of the Planning Board, I don't think we should shut the door. I think that we should look to move forward because I don't think one can believe that we got everything right the first time. I vote aye. COUNCILMAN ORLANDO: Initially when I heard dark skies, I was opposed to it. You know, having someone tell you what you can put on your house for lights and then once we got into the meat of it and I saw the hundreds of fixtures that were available and the only real big difference was the light bulb screws up, illuminates down instead of screwing down and illuminating up. And you can still have floodlights on your house, you just put shields on them so the light stays on your property and then walking around my house, I noticed I have those porch lights that are dark sky friendly where they screwed up and I said you know, there is plenty of light around my house. And as more and more we got into it, I said this was a very friendly legislation for out here and appropriate. Aye. 2010-587 CA TE GO R Y: DEPARTMENT: Enact Local Law Town Clerk Enact LL 6 Chapter 83, Animals WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of June, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals" reads as follows: LOCAL LAW NO. 6 of 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals". July 27, 2010 Page 47 Southold Town Board Meeting Minutes BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town of Southold has designed and implemented a Stormwater Management Program (SWMP) to reduce the non-point source pollutants and sediments entering the Town's valuable waterways, thus satisfying the mandates of the Clean Water Act. This Local Law is a component of the Town's SWMP that will decrease bacteria levels in stormwater runoff entering the waters of the Town and will promote the health, safety and welfare of the residents of the Town. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: ARTICLE II Dogs § 83-6. Prohibited activities. It shall be unlawful for any person owning, ov harboring, in possession of or in control of any dog in the Town of Southold to permit or allow such dog to: A. Run at large elsewhere than upon the premises of the owner or custodian unless said dog shall be on a leash or accompanied by a person at least 12 years of age, having adequate control of such dog, or unless it be upon the premises of another person with the knowledge and consent of such person. For the purpose of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by their owners. B. Engage in habitual howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog. C. Cause damage or destruction to property other than the property of the owner or person harboring such dog. D. Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury. E. To soil, defile or defecate on any common thoroughfare, sidewalk, passageway, roadway, highway, street, beach, nature preserve, park or any other public or Town owned property; or any place where people congregate or walk; or on any private property without the permission of the owner of said property. It shall be a violation of this Section unless all feces are immediately removed by said person in a sanitary manner and then sealed and deposited in a garbage container. Feces disposed of in street storm collection systems is prohibited. § 83-7. Enforcement. [Amended 9-21-1982 by L.L. No. 8-19821 T?~e Any Dog Control Officer, Bay Constable, Code Enforcement Officer, or Police Officer shall enforce the provisions of this article. July 27, 2010 Page 48 Southold Town Board Meeting Minutes § 83-13. Penalties for offenses. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 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-2010-587 [] Adopted [] Adopted asAmended yes/Aye : No/Nay Abstain Absent [] Defeated William Ruland Voter [] [3 [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Kmpski J~. Voier gt [] [3 [] [] Tax Receiver's Appt Louisa P, Evans Seconder gl [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell 1. LL/Regulating Exterior Lighting July 27, 2010 Southold Town Board Meeting Minutes Page 49 COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has bee,nthPresented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of June 2010, a Local Law entitled "A Local Law in relation to Regulating Exterior Lightinl~" 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, Southold, New York, on the 27 day of July 2010, at 4:35pm. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Regulating Exterior Lighting" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Regulating Exterior Liehtine". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The provisions of this chapter are intended to control and regulate exterior lighting throughout the Town of Southold; eliminate unsafe glare that contributes to accidents by hindering visibility; promote more cost-effective lighting fixtures that are more energy efficient and conserves natural resources; protect landowners from the intrusive effects of glare and light trespass; preserve the rural character of the Town; protect the health and habitat of flora and fauna; and restore and maintain the natural beauty of the night sky. Excessive, unshielded and/or poorly directed exterior lighting causes light pollution and has many adverse effects. Light pollution detracts from the rural qualities of the Town and environs and results in an increasingly suburban and overdeveloped appearance at night. Glare associated with such lighting is hazardous for drivers and pedestrians on the Town's roads, interferes with the privacy of residents, wastes energy and creates skyglow that reduces visibility of the stars in the night sky and diminishes appreciation for the natural nocturnal environment. This chapter takes proper account of the legitimate uses of lighting while providing guidance and direction for the citizens of the Town. II. A new Chapter 136 of the Code of the Town of Southold is hereby adopted as follows: §136- 1. Title. This chapter shall be known as the "Exterior Lighting Law." §136-2. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest editions): AREA LIGHT - A luminaire designed for illumination of a broad area. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights over 1,800 lumens. ESSENTIAL LIGHTING - Light that is used for a specified period of time, which is necessary for location identification, safety, security or public circulation purposes. EXCESSIVE LIGHTING - Illuminance levels beyond that which is required for safety, as recommended in IESNA Recommended Practices, or higher than 5 footcandles on any lit surface unless a higher level is indicated on the Table of Limits of Illumination Levels. EXTERIOR LIGHTING - lighting that is mounted, located, lamped or used, whether inside or outside, to illuminate outdoor features. For the purposes of this chapter, lighting which is installed indoors but which is intended to illuminate an area outdoors shall be considered exterior July 27, 2010 Southold Town Board Meeting Minutes Page 50 lighting. FIXTURE - The complete lighting assembly (including but not limited to the lamp, housing, ballast, timers, photocells, reflectors, cover glass, lenses, louvers, and shields), including the support assembly (pole or mounting bracket). For purposes of determining total light output from a light fixture, lighting assemblies which may include multiple lamps shall be considered as a single fixture. Also referred to as a "luminaire." FOOTCANDLE ("FC") - The basic unit ofilluminance (the amount of light falling on a surface). Footcandle measurement is taken with a light meter. One footcandle is approximately equal to the illuminance produced by a light source of one candela in intensity, measured on a surface at a one foot distance from the source. Horizontal footcandles measure the illumination striking a horizontal plane. Footcandle values can be measured directly with certain handheld incident light meters. FULL CUTOFF ("FCO") - A classification for a luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80° up to 90° cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer. A cutoff, or semi-cutoff design, allows a restricted amount of light emitted above the horizontal and a non-cutoff provides no restriction against light emitted above the horizontal. FULLY SHIELDED - A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. It is the same as a full cutoff luminaire but without any restrictions on light distribution below the horizontal plane, and it can be identified without a manufacturer's report. GLARE - Unshielded light from a light source that may result in nuisance or annoyance, discomfort or visual disability. HOLIDAY LIGHTING - Temporary lights installed on a residential property which are installed in connection with holiday or religious observances between Thanksgiving and the following January 15. ILLUM1NANCE - The density of light falling on any point of a surface, usually measured in footcandles in the United States. See "footcandles." IESNA - Illuminating Engineering Society of North America (IES or IESNA), an organization that establishes updated standards and illumination guidelines for the lighting industry. IESNA RECOMMENDED PRACTICES - The most current publications of the IESNA setting forth illuminance levels for different task areas, e.g., walkways, streets, sports lights, etc. LAMP - The source of artificial light as distinguished from the fixture. LANDSCAPE LIGHTING - Lighting which is positioned and aimed to illuminate foliage, driveways, walkways, patios, decks and other exterior pedestrian areas, whether or not mounted on a structure. LIGHTING - Light fixture or light source, or the effect of light, and all apparatus and wiring to power artificial light. LIGHT POLLUTION - Any and all nuisances caused by the adverse effect of man-made light, including but not limited to glare, light trespass, skyglow, visual clutter, and wasted energy due to excessive or unnecessary lighting; or artificial light that unnecessarily diminishes the ability to view the night sky or is disruptive to flora and fauna. July 27, 2010 Page 51 Southold Town Board Meeting Minutes. LIGHT SOURCE - The light-emitting part or parts of a fixture, consisting of the lamp or lamps and any transparent or translucent covering over the lamp, as well as any refractors, reflectors, prismatic lenses, mirrors, or diffusers which emit or transmit light. LIGHT TRESPASS - Light projected across property lines or into the public right of way when it is not required or permitted to do so. LUMEN - A unit used to measure the amount of light that is produced by a light source. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage. LUMINAIRE - The complete lighting assembly (including the lamp, housing, ballasts, photocells, reflectors, lenses and shields), less the support assembly (pole or mounting bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit. MOUNTING HEIGHT - The vertical distance of the light source from natural grade. NONESSENTIAL EXTERIOR LIGHTING - Lighting which is unnecessary for pedestrian passage and not generally useful (e.g., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours). PARTIALLY SHIELDED - A light fixture that is not fully shielded but incorporates a partial shield around the lamp by opaque barrier(s) guch as louvers, shields, and other means in order to prevent the light source from being visible from across property lines, into waterways, or roadways. SKYGLOW - Glare or illumination of the night sky, whether direct or reflected. UNIFORMITY RATIO ("U RATIO") - A ratio that describes uniformity ofilluminance across an area. The uniformity ratio may be a ratio of the maximum-to-minimum illuminance or the average-to-minimum illuminance. For example, if the Illuminating Engineering Society recommends an average-to-minimum ratio of 4:l for a parking lot, the minimum illuminance should be no less than 1/4 of the average illuminance across the parking lot. UNSHIELDED FIXTURE - A fixture which, as designed or installed, emits all or part of the light above the lowest part of the light source. §136 - 3. Conflicts with other laws. In a case where this chapter is found to be in conflict with a provision of any other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. §136-4. Applicability. A. All exterior luminaires, installed, replaced or repaired after the effective date of this Chapter shall conform to the standards established herein. B. All existing residential, private commercial, institutional, and utility owned or operated exterior lighting lawfully installed prior to the effective date of this Chapter are deemed nonconforming exterior lighting. Such nonconforming exterior lighting shall be brought into compliance with this chapter upon: (1) The replacement or relocation of such nonconforming exterior lighting fixture; or (2) Any reconstruction, addition or other improvement of a structure, the cost of July 27, 2010 Page 52 Southold Town Board Meeting Minutes which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. §136- 5. Standards for exterior lighting. A. General Requirements: (1) All exterior lighting shall be designed, located, and lamped to prevent excessive lighting, energy waste, glare, light trespass, and unnecessary skyglow. (2) All nonessential exterior lighting shall be turned off within ½ hour after the close of business and/or when not in use. Lights that are controlled by timers or are motion sensor-activated are encouraged to replace existing lighting necessary for safety purposes. (3) Canopy lights, such as service station lighting shall be fully recessed and full cutoffluminaires so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties (4) All area lights shall be full cutoffluminaires. See Figures 1 and 2 below. B. Placement, height and number of fixtures: (1) No luminaires shall be taller than or mounted higher than 35 feet from the ground to their tallest point. (2) If illuminance grid lighting plans cannot be reviewed or if fixtures do not provide photometrics and bulbs are under 1800 lumens, the following requirements apply: (i) Pole height shall be no greater than four times the distance to the property line and maximum lumen levels permitted for different fixture heights are as follows: Mounting Height (feet) 6 8 10 12 16 Lumen Maximums 500 - 1000 lumens 600-1600 lumens 1000 - 2000 lumens 1600 - 2400 lumens 2400 - 6000 lumens (3) All private commercial, institutional and utility existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting. (4) All proposed exterior lighting should use the least number of poles/fixtures at the lowest height and at the lowest illuminance levels necessary to safely light the area for the proposed use. Illuminance and type of lamp: (1) No luminaire shall be located or concentrated so as to produce glare or direct illumination across the boundary property line, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. The maximum illuminance at the property line of a parcel that adjoins a residential parcel or public right of way may not exceed 0.05 footcandle. The maximum illuminance at the property line between two nonresidential properties is 0.1 footcandle. (2) The average illuminance levels listed in the illumination levels for Various July 27, 2010 Southold Town Board Meeting Minutes Page 53 (3) (4) Common Tasks, as provided in the IESNA recommended Practices guidelines, shall not be exceeded for exterior lighting unless otherwise specified or approved by the Building Department or the Planning Board. The maximum number of lumens for commercial uses is 25,000 lumens per acre. For proposals in residential and limited business districts the maximum number of Lumens is 10,000 Lumens per acre. The Town recognizes that not every situation will require lighting, and excessive or unnecessary light shall be avoided. Appropriate lighting levels are dependent upon the general nature of the surroundings and the Building Department or Planning Board may require more or less than those listed in the IESNA Recommended Practices Guidelines. Illuminance level measurements for parking lots, sidewalks, and other walkways shall include any light from nearby side-mounted building lights, freestanding sidewalk lights affected by side-mounted building lights, and existing or proposed streetlights. In no instance may any lighted surface, as installed, exceed five footcandles, as measured horizontally or vertically by a light meter unless it can be demonstrated that a higher level is necessary for the proposed use (higher levels should be based on guidelines established either in the IESNA Handbook or similar professional or governmental guidelines or regulations (e.g., Federal standards establishing lighting levels around automated teller machines). High-pressure sodium shall be used for all light sources rated over 1,800 lumens. Streetlights shall be full cutoff high-pressure sodium, low-pressure sodium, or fluorescent, unless otherwise determined that another type is more efficient. Streetlights along residential streets shall not exceed 70-watt high-pressure sodium (hps) light with a lumen output of 6,400. streetlights along nonresidential streets or at intersections shall not exceed 150 watts hps each, with a lumen output of 1,600, except the lights at major intersections on state highways shall not exceed 250 watts hps. Ifa light type other than high-pressure sodium is permitted, then the equivalent output shall be the limit for that light type. Exception: replacements of "historic" lighting design where the replacement of the luminaire piecemeal with compliant luminaires would unacceptably degrade the aesthetic characteristics of the existing lighting design. §136-6. Exemptions. The following exterior lighting is exempt or is partially exempt from the provisions of this Chapter: A. Vehicular lights, United States Coast Guard approved maritime navigational lighting, temporary lighting associated with nighttime roadwork and construction activities, and all temporary emergency lighting needed by fire, ambulance, and police departments or other emergency services are exempt. B. Lighting of radio, communication and navigation towers is allowed, provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this section, and that the provisions of this section are otherwise met. Tower lighting shall not be permitted unless required by the FAA; in which case, required lighting shall be of the lowest allowed intensity and red, unless otherwise specifically forbidden under the FAA July 27, 2010 Page 54 Southold Town Board Meeting Minutes regulations. Holiday exterior lighting is exempt from provisions regarding shielding, location, mounting height and total wattage, but must be turned off by 12:59 a.m. Temporary lighting in association with an approved special event permit shall comply with all provisions exclusive of location, mounting height, and total wattage, and shall be extinguished no later than 12:59 a.m. on the date of the approved event. Upward lighting of the American (and/or other governmental) flag in the form of a single ground-mounted narrow cone spotlight located at the base of the pole which confines the illumination to the flag and limits lumen output to a total of 1,800 lumens (equivalent to 100 watt incandescent) is exempt. The Town encourages the tradition of raising and lowering flags to avoid lighting. Recreational lighting: (1) Public recreational lighting shall comply with all provisions of this chapter, exclusive of height and maximum footcandle limits set forth in §136-5(c)(2). No public recreational facility shall be illuminated after 11:00 p.m., except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 p.m. (2) Private recreational lighting shall comply with all provisions of this chapter, exclusive of the maximum footcandle limits set forth in §136-5(c)(2). No private recreational lighting shall be illuminated after 11:00 p.m. {}136-7. Prohibitions. The following are prohibited: A. Searchlights, other than those required by law. B. Strobe lights, laser lights, or revolving lighting. C. Blinking, pulsating, tracing or flashing lights. D. Lighting which is used to outline or illuminate a building, structure or window. E. Floodlighting or "wall washing" lighting which is designed to illuminate the walls of a building or other structures. F. Any light fixture that may be construed as or confused with a traffic control device or maritime navigational marker. G. The following lamp and fixture types shall not be permitted: (1) High-intensity discharge, including metal halide, and high-pressure and low- pressure sodium. (2) Mercury vapor. (3) Neon. (4) Lamps rated higher than 3000 Kelvin in color. H. Unshielded light fixtures, except as permitted herein. {}136-8. Review Procedures A. All applications for sign permits or building permits shall include lighting plans showing the following information to verify that proposed lighting conforms to the provisions of this chapter: (1) location of each existing and proposed outdoor light fixture; July 27, 2010 Page 55 Southold Town Board Meeting Minutes (2) (3) (4) (5) (6) (7) luminaire distribution and type; lamp source type; wattage; mounting height; hours of operation; and lumen output. B. All applications for site plan and subdivision approval shall include lighting plans certified by a licensed professional, luminaire and controls specifications and additional documentation, if any lighting is to be used, regardless of whether the lighting is preexisting or proposed, showing the following to verify that the lighting conforms to the provisions of this chapter: (1) Location of each current and proposed outdoor lighting fixture indicated on a site plan. (2) Type and number of fixtures, including cutoff characteristics, indicating manufacturer and model number(s). (3) Lamp source type, lumen output, and wattage. (4) Mounting height indicated, with distance noted to nearest property line for each luminaire. (5) Types of timing devices used to control on/off and the hours set for illumination, as well as the proposed hours when each fixture will be operated. (6)Shielding and all mounting details, including pole foundation description. (7) Total Lumens for all fixtures, and total square footage of areas to be illuminated. (8) For plans that require three or more fixtures the submission of a calculations summary indicated all footcandle levels on the lighting plan, noting the maximum, average and minimum as well as the uniformity ratio of maximum to minimum, and average to minimum levels. (9) Lighting manufacturer specifications ("cut sheets") with photographs of the fixtures, indicating the cutoff characteristics of the luminaire. (10) For plans that require three or more fixtures, the submission of an Isometric Footcandle Distribution Diagram indicating the light levels for the fixtures at the designating mounting heights. Maximum illuminance levels should be expressed in footcandle measurements on a grid of the site showing footcandle readings in every ten foot square. The grid shall include light contributions from all sources (i.e., pole-mounted lights, wall-mounted lights, and signs, including private streetlights. (11) If necessary, documentation by a lighting engineer showing that the provisions can only be met with a design that does not comply with this section. C. For all other exterior lighting which must conform to the requirements of this chapter, the Building Inspector shall issue a decision whether the exterior lighting complies with the standards set forth herein. All such decisions may be appealed to the Zoning Board of July 27, 2010 Page 56 Southold Town Board Meeting Minutes. Appeals within 30 days of the decision. The Zoning Board of Appeals, after a public hearing, may grant variances from the requirements of this chapter. No exterior lighting shall be altered, enlarged moved or converted unless it conforms to a lighting plan approved by the Building Department, Planning Board or Zoning Board of Appeals. {}136-9. Penalties for offenses. A. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine not to exceed two hundred fifty dollars ($250.00) for residential violations and a fine not to exceed seven hundred fifty dollars ($750.00) for non-residential violations. B. Each continuing day of violation of this chapter shall constitute a separate offense. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. IlL 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 July 27, 2010 Page 57 Southold Town Board Meeting Minutes This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. We have the copy of the local law which I just paraphrased, we have the notification that it was posted on the Town Clerk's bulletin board out in the lobby. We have notice that it was posted in the Suffolk Times on July 15 of 2010. A copy of the letter from the Suffolk County Department of Planning, 'Pursuant to the requirements of sections A 14-14 through A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant countywide or intercommunity impacts. A decision of local determination should not be construed as either an approval or a disapproval.' I also have a letter from the LWRP coordinator Mark Terry, 'The proposed local law has been reviewed to Chapter 268 Waterfront Consistency Review of the Town of Southold town code and the Local Waterfront Revitalization Program policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore consistent with the LWRP.' We have a letter from the Planning Board, 'Thank you for the opportunity to provide comments on the proposed local law referenced above. The Planning Board has reviewed the proposed legislation and supports it with the following changes recommended: in section 136-5B, emphasize the concept of using the shortest light poles and the least number of fixtures to safely light an area by rearranging the order in which one through four appear, move 136-5B, 4 to be first, 3 to be second and move current numbers 1 and 2 to be third and fourth. Number two, change section 136-7G number one to allow high pressure sodium. It should not be prohibited and to allow metal halide where it is necessary for safety (face recognition). High intensity discharge including metal halide. Metal halide may be used where it can be demonstrated that it is necessary for safety reasons. Number three, change section 136-7D to exclude permitted signs that might be painted on the wall of a building or other structure: Lighting which is used to outline or illuminate a building, structures or window, except to light a permitted sign, where such light will be focused downward from above and is lighting only the sign. And change section 136-7D to exclude permitted signs that might be painted on the wall of a building or other structure: Floodlighting or wall washing lighting which is designed to illuminate the walls of a building or other structures, except to light a permitted sign, where such light will be focused downward from above and is lighting only the sign. Number five, holiday lighting: consider removing the calendar restriction to allow for holiday lights at any time of the year, for example Halloween or Fourth of July.' And lastly we have a letter from attorney Pat Moore, 'I was planning on attending today's public hearing regarding the proposed legislation, however, due to a prior commitment, I may not be able to attend. I have input on this matter from discussions with architects and engineers. I was planning to make comments at the hearing. I respectfully request that I be allowed to submit written comments regarding the matter after the hearing.' Signed Patricia Moore. And that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the issue of the dark skies legislation that is before us? Inaudible: Inaudible comments from audience member. July 27, 2010 Page 58 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Thank you. UNIDENTIFIED: I live in Jamesport where my wife and I run Red Barn B & B. I am the chairperson of the Riverhead Town dark skies advisory committee and I am here to show support for the passage of outdoor lighting code under consideration by the Town of Southold. When guests come out to stay at the B & B, it is my pleasure to take them to my observatory and give them a tour of the night sky. As we walk out to the observatory, I point to the dome of light shining up from the west at the horizon and tell them this is the obvious aspect of light pollution. I remind them that the dome of light does not make anything safer here on the ground nor from the sky and is in fact the squandering of electricity and the energy needed to make the light. On a clear transparent night, I point to the just barely visible arch of the faint stars that is the Milky Way, the arms of the galaxy that is home to our star, the sun. I remind them how lucky we are to be able to see even in this limited way, our home galaxy and that the vast bulk of the population of the world cannot see our galaxy, our home. It is the scattering of excessive upper directed light from badly installed, badly designed exterior lighting that makes it impossible for most of the world to see our shared home. Isn't that a pity? I would like to draw your attention to an object in this room, the flag. The object, the flag, the stars and stripes, the symbol of our country. As I am sure you know, the field of stars represents our union of 50 states. I took a look at the world atlas at home and counted 68 of the 180 flags in the book and each of these shows one or more stars on the flag. Stars have a lengthy history of symbolizing our highest aspirations and hopes and dreams. Light pollution makes it mostly impossible to see the stars that inspired the people that founded this country. Isn't that a pity? So it is up to Southold to give us and our children and our children's children the chance to see our home galaxy and to have a chance to be inspired. And you can do that by enacting a sane outdoor lighting code that requires dark sky friendly exterior lighting. Thank you. SUPERVISOR RUSSELL: Thank you. ANN HOPKINS: I am Ann Hopkins from Orient and I speak I know on behalf of many residents in Orient who are in whole hearted support. I am delighted to see that this long proposed legislation is coming to fruition. I would like to encourage the town to publicize the legislation and to encourage people with existing lights, even if they are not renovating, remodeling to just put in, I know there are ways in which you can head lights downward. I had a problem with a neighbor with very bright lights and he did modify them somewhat. I am also concerned in the category under exemptions about tower light lighting since I also have a communications tower out back on the fire house that the town worked to enforce the fact that the lighting must conform to FAA regulations but that they should make every effort not to have a lot of bright lightings on towers and perhaps to take down the flag instead of light it at night. But otherwise, I am whole heartedly in favor of this. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment? AARON BURGE: Good afternoon, Supervisor Russell and members of the Board. My name is Aaron Burge and I am vice president for Group for the East End. I work here in Southold. On behalf of the whole group, we would like to thank you for considering the dark sky legislation in July 27, 2010 Page 59 Southold Town Board Meeting Minutes Southold Town. For the record, the Group for the East End represents the conservation and community planning interests of several thousand member households and businesses across the five east end towns including several hundred members in Southold Town. We will be submitting today's comments and recommendations relating to the proposed exterior lighting law. Responsible outdoor lighting practices protect the health, safety and welfare of residents while preserving our environment and saving our precious views of the nighttime sky. Not to mention the protection of the nocturnal environment for certain wildlife species such as migrating birds. Southold Town is right to proactively protect its natural, histories and scenic resources. Already the Planning Department is requiring dark skies plans on a informal basis and in fact the department's web page provides a document entitled guidelines for good exterior lighting plans, the standard for communities wishing to control light pollution. We recommend that an educational pamphlet be made available to all town citizens to facilitate a greater understanding of the law and the best practices to employ and the Group for the East End offers these services to help make such an educational tool a reality. If the town is not already doing so, it would be beneficial for the building department to provide applicants with the two page flyer titled 'Unacceptable-Acceptable Fixtures' found in the planning departments webpage. This is a self-explanatory, illustrated piece that will prove helpful to citizens, homeowners and businesses to understand which lighting fixtures are compliant. The Group for the East End has long been a supporter of dark skies legislation having worked with the Towns of East Hampton and Southampton's similar laws and would like to thank Southold Town for continuing its efforts to see this adopted. In closing, I would like to remind us all of the importance of the night sky to every parent, grandparent, older sibling who wants to help kids discuss everything from UFO's, Greek mythology to asteroids and satellites passing overhead. For me it was heating my two year old daughter a few weeks back how brighter the stars were in the sky living out here. We just nearly moved from Oyster Bay, you would think we had moved from Manhattan. Southold and the entire east end is a very special place and part of that is due to our nighttime sky. Let's all work together to keep it that way and thank you for your efforts today. SUPERVISOR RUSSELL: Thank you. MAUREEN CULLINANE: Maureen Cullinane speaking on behalf of North Fork Audubon Society. We applaud the Town for enacting this law and we agree with Group for the East End that educating the public about what is appropriate and what is not appropriate even if they are not bound by the law, would go a long way to improving conditions for humans, wildlife, birds and just viewing the stars. Thank you. SUPERVISOR RUSSELL: Thank you. BENJA SCHWARTZ: Good evening, Supervisor Russell, Town Board. Benja Schwartz, Cutchogue. Thank you for proposing such an important and well-crafted law. I believe it is especially important for Southold even though Southold is the last of the five east end towns to specifically adopt a law such as this. I don't know if there is anybody here from the Custer Institute and the Observatory but, are you planning to speak? Will you be speaking tonight at the heating? The Custer Institute promotes itself as Long Island's oldest public observatory and I had it on another sheet of paper but I lost it but I think they say they have the darkest skies in July 27, 2010 Page 60 Southold Town Board Meeting Minutes Long Island or something. So I think Southold, dark skies in Southold are especially important not just because of the observatory but also because of our maritime, our marine environment and our agricultural environment both of which present beautiful vistas which are particularly sensitive to pollution from wayward lighting. This law is replacing an old law but it doesn't entirely replace the old law. On page 41 of the agenda there is, the old law is struck out and it will no longer be in the code but it will still apply. The process, I have to mention that the, feel like the way this law was proposed there was a little, I had a problem with the way it was presented as if it was already decided especially in the Suffolk Times article and it was also presented in a false light, no pun intended. The problem is that they said that Southold dark skies law will grandfather all existing buildings and we are not going to ask anyone to replace fixtures that they already have. Whereas we do have an existing law which provides that outdoor lighting should be shielded so that it is not visible from adjacent properties and roadways and lighting fixtures shall focus and direct light in a manner to contain the light within the property boundaries. The new law is a great improvement on that but it is not going to do the job unless it is applied in conjunction with an effort to perform some code enforcement under the old law of existing problems. Very briefly I could mention three businesses that have been problems in the past, I am not sure whether they have solved their problems but when Lucas Ford first opened their doors they had lighting that was on all night long and it was horrendously bright. Cutchogue Harbor marina also had a problem. Duck Walk vineyards north. There are houses in my neighborhood that are still problems and they have bright, glaring pinpoint bulbs that you can't walk by on the street without going blind. At least temporarily. So I would ask that the old law continue to be applied and I would again just thank the Board for the continuing effort to protect our darkness. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on the issue of dark sky legislation? Please. UNIDENTIFIED: Inaudible. I am also the treasurer of the Custer Institute and have been for 30 years and all through those 30 years I watched how well the Town of Southold has helped Custer keep its dark skies. Custer Institute, as many of you must know, is a gem in this community and as Jim pointed out a few minutes ago, it really, really urgent that we keep the skies as dark as we can. In the last few years, we had (inaudible) on Saturday nights with their children and not only had the ability to look through a telescope and see the planets, the Milky Way and the sky out there and revel in it, I mean people who never thought they would see these things. I think Jim mentioned and some of the other speakers mentioned the many other reasons why we need dark skies, not just for astronomers and children who want to look in a telescope but there are so many good reasons. And (inaudible) for the Town of Southold having these regulations which will protect that (inaudible). I appreciate your (inaudible). Thank you. SUPERVISOR RUSSELL: Thank you. KEVIN MCCARRICK: Good evening. My name is Kevin McCarrick, I am a former town councilman in the Town of Brookhaven. I had the pleasure of introducing this very same code in Brookhaven. And as you are well aware, Brookhaven Town is one of the larger towns in our State of New York, one of the largest geographically and actually the population is over 480,000 July 27, 2010 Page 61 Southold Town Board Meeting Minutes people. So when we first put this working group together out of our office, to consider how to make this work in our town, we were expecting somewhat of a pushback but we put together a good working group. Scientists, people who were involved in lighting, engineers and in fact, Tom Matigan from the Custer Institute was one of our people, Susan Harder, tremendous resource. And what we found when we put our legislation forward it was ratified by the town board and what happened was, we had people immediately come forward and say how happy they were that we were changing this. And in Brookhaven Town, we were in the middle of somewhat of a building boom back in 2006 and yet we still had a very seamless transition into this code. After two terms in office, I decided not to seek reelection and I was asked to be part of the Brookhaven Town's Zoning Board of Appeal. It gives me somewhat of an interesting perspective in that as you know, the Board of Zoning Appeals sees all of the cases that people have hardship or perceived hardship being able to work with the code in any town. In my years on the Board of Zoning Appeals, we had very few cases every come to lighting because in fact lighting very often, for new applications is ground up built brand new, it is very hard to say that there is any type of a hardship, for commercial applications, exterior lighting, these standards were all used throughout the United States and in fact in Europe. We are just taking standards as you are taking standards and applying them and not allowing lighting and fixture companies to over illuminate and just for profit of what they want to do. We are protecting a very big piece of the environment, as you are today. I applaud your action here tonight, it is very, very important legislation. Two comments though, I would like to think that you might consider in the future a sunset provision. In the Town of Brookhaven we do have a sunset provision, in fact, what it asks for that in 10 years that all of the non-conforming lighting become into conformance. That gives people who had existing buildings and structures many years to actually conform with the lighting and having a uniform effect throughout your town. I will say that something I heard tonight is that you are considering from your Planning department the elimination of high pressure sodium and metal halite from the code. I would strongly consider not doing that. They are two of the worse offenders, as far as for identification.purposes, it has never been proven that that was really necessary. Most identification purposes are done inside buildings with lighting that is sufficient to do just that. In closing, I applaud you for your action and I am sure that this will make Southold Town as appreciative as Brookhaven Town was when we did it over there. Thank you. SUPERVISOR RUSSELL: Thank you very much. Let me just address the issue of the sunset, you know Southold Town created an alternative and renewable energy committee some years back and what we have been doing regularly is having seminars and hosting forums and we had actually Susan Harder present twice in the town, so we have been trying that educational approach. We think it is working, yes, there are a few offenders out there that Benja just referenced and code enforcement ought to be able to nullify some of that but we are trying to get that compliance and there is nothing like oil at over $100 a barrel to get people to listen to lighting codes. Would anybody else like to address the issue of the dark skies legislation? VICTORIA NORTHRIDGE: My name is Victoria Northridge and we are from Mattituck, we have been coming out here and spending time on the north fork for over 100 years. Now of course we support this and we are surprised that it has taken so long for Southold to enact legislation of this type, we don't think anything should be grandfathered, we think that as many July 27, 2010 Page 62 Southold Town Board Meeting Minutes lights should be removed or reduced as possible. Personally of course, it is more difficult to sleep with neighbors with more lights, floodlights, motion activated lights, every raccoon, deer set off throughout the night. It changes the experience of being here which is very relaxing, beautiful and very rural. But fundamentally, it is a question of the character of the north fork and this is an area, it is a rural culture and we would like to see that maintained and even go back a little bit, go back to it being darker and darker, the big city to the west and if you want something bright, you don't have to go too far to find it. let's keep it nice and dark the further out east you go. And good for Southold Town, let's pass it. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on the issue of dark sky legislation? Hearing none. COUNCILMAN KRUPSKI: I would just like to give the Supervisor some credit. He is the one, when first elected, formed the alternative energy committee and that is kind of what is the impetus of what is behind this code change. I would like to thank the alternative energy committee, Frank Wills is the chairman, he is here tonight. He didn't speak but he has been very patient. The first draft of this code was written in 2008 and then we had a bit of a budget crisis and nothing happened for two years but Frank was persistent and relentless and the committee was also and I thank them for their hard work because it finally paid off. JUSTICE EVANS: I move we close this hearing. COUNCILMAN ORLANDO: Do we want to keep it open for written, for Pat? COUNCILMAN KRUPSKI: I would urge the town to approve this tonight. COUNCILMAN TALBOT: I second the motion to close the hearing. SUPERVISOR RUSSELL: I have a motion to close the hearing in its entirety and a second. All in favor? RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell LL/Amendments to Chapter 83, Animals COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of June, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals" 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, Southold, New York, on the 27th day of July, 2010 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. July 27, 2010 Page 63 Southold Town Board Meeting Minutes The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town of Southold has designed and implemented a Stormwater Management Program (SWMP) to reduce the non-point source pollutants and sediments entering the Town's valuable waterways, thus satisfying the mandates of the Clean Water Act. This Local Law is a component of the Town's SWMP that will decrease bacteria levels in stormwater runoff entering the waters of the Town and will promote the health, safety and welfare of the residents of the Town. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: ARTICLE II Dogs § 83-6. Prohibited activities. It shall be unlawful for any person owning, o~ harboring, in possession of or in control of any dog in the Town of Southold to permit or allow such dog to: A. Run at large elsewhere than upon the premises of the owner or custodian unless said dog shall be on a leash or accompanied by a person at least 12 years of age, having adequate control of such dog, or unless it be upon the premises of another person with the knowledge and consent of such person. For the purpose of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by their owners. B. Engage in habitual howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog. C. Cause damage or destruction to property other than the property of the owner or person harboring such dog. D. Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury. E. To soil, defile or defecate on any common thoroughfare, sidewalk, passageway, roadway, highway, street, or any other public or Town owned property; or any place where people congregate or walk; or on any private property without the permission of the owner of said property. It shall be a violation of this Section unless all feces are immediately removed by said person in a sanitary manner and then sealed and deposited in a garbage container. Feces disposed of in street storm collection systems is prohibited. § 83-7. Enforcement. [Amended 9-21-1982 by L.L. No. 8-1982] Re Any Dog Control Officer, Bay Constable, Code Enforcement Officer, or Police Officer shall enforce the provisions of this article. § 83-13. Penalties for offenses. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. July 27, 2010 Page 64 Southold Town Board Meeting Minutes IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adiudged by any court of competent iurisdiction 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. A full amendment with the law and the reading of the law has been posted and has been noticed on Town Clerk website on July 16, 2010. Notice of the public hearing in the Suffolk Times on July 15, 2010, a letter from the Department of Planning, Suffolk County stating that it is going to be a matter of local determination. It is consistent with the LWRP policies and from the Planning Board, they thank us for the opportunity to provide comments on the local law referenced above. 'The Planning Board has reviewed the proposed legislation and supports it with one suggestion added, please consider adding the word beach to the list of public places in 83-6E.' One amendment that I would like to finish up on, since 83-6, prohibited activities, E; to soil, defile or defecate on any common thoroughfare, sidewalk, passageway, roadway, highway, street, beach, nature preserve, park or any other public or town owned property or any place where people congregate or walk or on any private property without the permission of the owner of said property, it shall be a violation of this section unless all feces are immediately removed by said person in a sanitary manner and then sealed and deposited in a garbage container. Feces disposed of in a street storm collection system is prohibited. And that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this issue? This is otherwise as the pooper scooper law, if anybody hasn't figured that out with the reference to the word feces 15 times. Would anybody like to address the Town Board on this particular issue? BENJA SCHWARTZ: Benja Schwartz, Cutchogue. I am curious why traffic control officers are not being, I mean, we are paying them, they are out there, they might be in a better position than some of the other enforcement officers listed in the statute. Also by including bay constables in this enforcement of the poop law, does that also authorize them to enforce the leash law and the no parking law? Kind of curious to have the bay constables enforcing it. the sentence, the last sentence in section E came up in red on the word processor for grammatical errors, feces disposed of in street storm collection systems is prohibited so I would suggest changing that to disposal of feces in a street stormwater collection system is prohibited. Makes a little more sense. Question, do you know if Greenport storm sewers go into a sewage treatment plant or does the Village not? July 27, 2010 Page 65 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Are you talking about the Village of Gre~nport? MR. SCHWARTZ: Yes. SUPERVISOR RUSSELL: I would ask you to direct that question to the Village Board of Trustees. MR. SCHWARTZ: Okay. did Southold consult with Greenport Village on this at all? SUPERVISOR RUSSELL: On the pooper scooper law? MR. SCHWARTZ: Yes. SUPERVISOR RUSSELL: I don't think that was necessary. MR. SCHWARTZ: Maybe not necessary but they do have pet waste bag dispensers .... SUPERVISOR RUSSELL: So do we. MR. SCHWARTZ: ...in their park. Yes, we do. we have at the dog park and also at the animal shelter, they were donated by the North Fork Animal Welfare League at the animal shelter. Is there any possibility we will put them anywhere else? SUPERVISOR RUSSELL: It is always a possibility, I think that people that own an animal certainly that want to take an animal on the Arshamomaque preserve or something like that, that want to keep it on a leash, could probably front the cost of the bag. But we will certainly take it under advisement. MR. SCHWARTZ: That wasn't the point. SUPERVISOR RUSSELL: I am not sure I know what was, Benja. MR. SCHWARTZ: My point is that having a law doesn't always mean that it would be of aid. SUPERVISOR RUSSELL: And giving free bags doesn't mean it will be of aid. But then, again, we hope for the best. MR. SCHWARTZ: But that is one of the primary means of law enforcement, is voluntary. In fact, I thank the Board for proposing this law. I had noticed already a voluntary increase in scooping the poop. COUNCILMAN TALBOT: Benja, in 83-7 enforcement, any dog control officer, bay constable, code enforcement officer or police officer shall enforce the provisions in this article and it would be all the chapters in that section. July 27, 2010 Page 66 Southold Town Board Meeting Minutes MR. SCHWARTZ: Traffic control officers would be included? COUNCILMAN TALBOT: officer. Yes, dog control, bay constable, code enforcement or police MR. SCHWARTZ: Thank you. It is my understanding that no dogs are allowed on Southold Town beaches or in the town parks. SUPERVISOR RUSSELL: Not all parks. In the preserves, dogs are allowed if they are leashed. You would have to look at the stewardship plan and the particular parcel that you are referencing but in many cases animals are allowed if they are leashed by the owner. MR. SCHWARTZ: Well, I would encourage the Board to consider permitting dogs in more places as long as they are well behaved and well taken care of by their owners. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this local law? Can I get a motion to close? RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Closing Statements SUPERVISOR RUSSELL: Okay, that concludes the business at hand. I would like to now open up the floor for anyone that would like to address the Town Board on any issue? Chris? CHRIS BAIZ: Good afternoon, my name is Chris Baiz, I live here in the village of Southold and I bring you greetings to you Mr. Supervisor and the members of the Board. I once had an uncle, he was married to my mother's sister. He was a Virginia gentleman. And when he came to visit once in 1976 and saw the fledgling industry here, he said you can't grow wine grapes here. To which I asked him why not? Look at them, here they are. And he said because Thomas Jefferson said so and I think that that sort of indicates the historical context that we are going through in terms of what can work in any area and what doesn't work and I think very importantly, we have a lot to listen to this afternoon. I just simply want to put some things in context, one, at the time that it was opined that Thomas Jefferson said that we couldn't grow wine grapes here on eastern Long Island, farmland was $4,000 or $5,000 an acre and it had been that for some time. And that was back in the mid 70's. Today, our farmland is $100,000 to $125,000 an acre and you know, it puts a great deal of stress on the types of agriculture that can survive and be a part of our land preservation tools in the town. I know of three other areas, agricultural areas in the world where agricultural lands are more expensive than here. One is Napa Valley in California where farmland is $250,000 to $275,000 an acre, in Champagne, France, a champagne vineyard is about $500,000 an acre and then right across the bay to the south of us are the farmlands that the folks in Southampton are so desperately trying to hang onto which go as high as $1,000,000 an acre. And it was not even, it was just over a decade ago that a July 27, 2010 Page 67 Southold Town Board Meeting Minutes former town supervisor here in the Town of Southold said when the first development rights transaction of that year, in 1999 took place in Southampton and it was $125,000 an acre, that former town supervisor said that will never happen here and the rest is history. And whatever we hear tonight that will transpire, I think that we all recognize that something happened here as it happens to very few places in the rest of the world in such a short period of time whether it is five years, ten years or even twenty years but we are straggling to maintain our agricultural viability as an industry here and there are many gambits that that involves and most importantly, we all need to make it work together organically. The code, I was told once was sort of the, that's the law. The code is the code and yet the code needs to be organic in an environment where we are going from $5,000 an acre for farmland to $125,000 an acre in such a short time span and I am sure not too far in the distant future, we will be $200,000 an acre land and $300,000 an acre land and we must find a way or ways to keep that land viable as agriculture because that is what we want out of Southold, a rural and agricultural industry that can do the job. That may mean that we have to bring the client and the customer to Southold, rather than ship product to the packer or the wholesaler but I hope that what you will hear for the rest of the evening will be in a positive light. We want to move forward and realize the potential that the town has for everyone. Even in a recession, the tide hasn't fallen for us too badly as opposed to other places in the country. You could go to Colorado and buy farmland for $500 an acre and it is great hay land. You could go to southern Illinois and buy farmland for $3,000 and it is great soybean land if you have 4,500 acres for your own farm to grow soybeans on with the margins that exist in that kind of product economy. Here, we have to find ways to make agriculture survive in the cost environment that we have, not only in land but also just in all the costs that impact us here and so I hope that you will all have an open mind to some of the comments that will be coming forward. I don't know what is going to happen but I certainly, I would like to see what kind, what does agriculture look like in an environment where land is $3,000 an acre, where land is $100,000 an acre and they are going to be very different looking types of agriculture in the long run and they need your support in order to sustain that ability of land preservation through agriculture. Thanks. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Yes? JOE GERGELA: Good evening, Supervisor and members of the Board. I am Joe Gergela, executive director of Long Island Farm Bureau and my colleague Steve (inaudible). We would like to just talk to you guys together. We met with the code committee a few weeks ago and we are a little bit concerned about a couple of events that have happened in the last week or so. A couple of wineries got letters from the town basically saying they were in violation of the code etc. At that meeting, we also discussed the idea of having a work committee to work with the town on code amendment and starting to address the issues. You know, there are multiple issues as part of this whole discussion. Chris described part of it very well and I am not going to get into it what he just said but my perspective is that we are in this together, this is an agricultural tourist economy for the east end. Not only Southold, the entire five towns of the east end. And it is all interdependent. What happens to the vineyards affects the farm stands. What affects the farm stands and the people that work not only on the farms and on the vineyards but on the local July 27, 2010 Page 68 Southold Town Board Meeting Minutes businesses, the money is kept in this town. People live here, they pay taxes here, so we are all dependent on each to make this economy work well. We would like to offer again, that Steve and I want to get to the table with the town as soon as possible. There has been a lot of misinformation, there has been a lot of rhetoric in the local, they are more interested in selling papers than telling the real facts. There are a lot of misquotes and a lot of aggravation by a lot of people. You know, obviously a few weeks ago some of the discussion in the paper came from the restaurant community. We would like to offer alms here, we want to sit down with them. We want to find out, identify what are the real problems? What can be done, what can we do together to figure it out? So we are here to offer our services to the town board that we want to get to the table to work this out. So we are sorry, we don't want to keep arguing .... SUPERVISOR RUSSELL: We appreciate that, Joe. In fact, we consider you partners as we move forward. I do need to mention that there has been not one change to the town's code proposed, there hasn't been any change to the code voted for. The rules of the town code, there hasn't been any changes yet but certainly as the board takes the issue up and starts to discuss that, we certainly view you as part of the process, without a doubt. STEVE BATE: Can I just comment, thank you very much for giving us a few minutes of your time this evening. And I guess we wanted to come here tonight because there has been a lot of discussion in this room and the paper about events and direct marketing activities at wineries. And as Joe said, we were expecting that we would be involved in a working group with some restaurant representatives to try to work out some compromises. However, we were quite surprised to hear that four of our members received cease and desist letters which were basically threatening legal action. I am not sure if the board was authorizing that or aware of that but basically the letters that they received, if I can be a little specific, seemed to really provide excellent examples of why the code does need to be revised. The evolution of the wineries (inaudible) as you suggested but also in light of what is permitted under ag and markets law and under the alcohol and beverage control law. Three of the wineries were cited for the transient business law. I looked through the chap_ter involved and actually I could find nothing in there that you could hold an existing, permanent business liable for a violation of that code. In fact, I saw just the opposite. There is a chapter called exemptions which says that if you are a merchant that has a permanent place of business in the Town of Southold, that you would be exempt from this chapter. And in fact, these businesses concerned were actually, rather than vilifying them, they actually should be held up as examples as how partnerships should work in this community to co-promote local products. Because they were actually doing the kinds of things that I think would be the envy of a lot of agri-tourism destinations around the county. The fourth winery received a code violation for accessory use. And you know, although some may consider an exercise class to be a threat to public health and welfare, actually I could find nothing in that chapter that would suggest that they were in violation of the code. The only thing I did find was in chapter 10 of that specific section which says that wineries can have retail operations to sell accessories and logo t-shirts and so forth, and if that is actually the piece of text that you are referring to, we absolutely do need to have that code committee working group sooner rather than later. Because as you know, there are a lot of different activities going on that are allowed by ag and markets and by the abc law and so we really need to bring the town code up to speed and make it consistent with what is going on out there. I just want to provide before, we do have July 27, 2010 Page 69 Southold Town Board Meeting Minutes obviously some members of our industry here but also some other businesses that would like to maybe say a few words but before we invite them up, I thought I would provide a little bit of context because we have seen a proliferation of events over the last year or so and that hasn't been by accident. As you may know, Senator LaValle gave us a rather significant sum of grant money in 2008 to market our products in New York City and the metropolitan area. Right around that time we launched the program, the credit crisis hit and the bottom fell out of the economy. And realizing that the viability of this industry was really going to depend on retail sales, tasting room sales, we shifted a lot of our resources into promoting tourism and generating tourists and visits to the area. That resulted in the winterfest, the jazz on the vine festival, (inaudible), the run for the rose month, and most recently with the festival, the wine and food festival which culminated with a very successful event in Greenport. These promotions have involved restaurants, bed and breakfast's, hotels, stores, as many as want to get involved, we actually look to provide more of a package for the visitor so we have actually sought partnerships with various businesses in the community and even you know, some of them that were here the other day at the code committee have actually participated in some of those programs. Those programs have also been quite successful. We have seen, as Chris alluded to, we have seen traffic actually grow despite the economy in this region. And the wineries have certainly seen that direct marketing activities have brought customers to their tasting rooms so there has been an interest in doing more and more activities to try and do that. And I think we just want to urge you not, when we do get into discussing code revisions, not to be overly restrictive with respect to direct marketing. It is a key thing, we have a great region out here with a lot of great products that we can co-promote together and we are really the envy of many agri-tourism destinations around the country. Thank you. MR. GERGELA: Inaudible. We have spent a lot of time together over the years (inaudible) and everything else but (inaudible). The region has grown faster than all of us can catch up with. So that is what we are experiencing and certainly you know, we have neighbor complaints and all kinds of different factors. You know, there is more than one issue that we have got to deal with. But Steve and I just want to reiterate that we are ready to roll up our sleeves and get to work with you guys and you know, we certainly, we want to encourage commerce not discourage commerce. SUPERVISOR RUSSELL: Right. What I would, and I agree 100 %, and at the same time, balance that so that we don't trample on the economic opportunities of others. There needs to be a balancing act. What I would suggest is, we had set up a code committee meeting, it is August 5 at 2:00 PM to start discussing the issue of special events. Private, public events, whatever you want to term it. That would be August 5, 2:00 PM. I would suggest that we have it here so that as many people as can make it will be accommodated, rather than the usual and we just established that I think at the work session. To discuss the issue but again, we haven't done anything yet. You were at the meeting where we made clear there was a couple of small circumstances that needed to be addressed but when you have an owner that pays an awful lot of rent to operate a fitness facility and you have those people come in and say why are they having fitness classes which is not a permitted use in the AC zone, ag and markets and farm winery licenses have nothing to do with the uses in the AC zone and yet, you know, those are the issues that were discussed that day so there should be no surprises to any of that. July 27, 2010 Page 70 Southold Town Board Meeting Minutes MR. GERGELA: As far as the working group, do you still intend on having a small working group to work with counsel? SUPERVISOR RUSSELL: I would suggest that would be a topic for discussion at the code committee. I think the first thing we need to do is get all the rules on the table and start sorting things out without a doubt. But I think a working group would be a very good idea. And the code committee, we can discuss what the composition of that working group should be. MR. GERGELA: Okay. Thank you. SUPERVISOR RUSSELL: Okay. COUNCILMAN TALBOT: After that last code committee meeting, we also asked members of the restaurant industry out here, members of the wine council out here, to be a part of that group, so we can get a little bit of information from both sides. SUPERVISOR RUSSELL: Can I .... TOM ROSICKI: HI, I am Tom Rosicki, Southold. Owner of Sparkling Pointe. I would just like to get a few things out on the table. My wife and I, we have had a house here since 1997. Our parents owned property and still do own property here in the Town of Southold. We are not newcomers to this area. When we first bought our property for Sparkling Pointe, the initial 12 acres, we bought it for land preservation because we have a house here, we have a vested interest here. And we didn't buy it and it has development rights by the way, we didn't buy it to put up houses or to put up a Wal-mart, we bought it to put up a vineyard, to make a farm. And just furthermore, we took a great leap. Back in October of 2008, that was, the financial crisis hit. Everyone was, construction was at a standstill. People were out of work. We hired a local contractor, we hired a local architect and we put local people to work. And every weekend as we came out, as our winery was being built, the construction workers would come up to my wife and I and thank us, that we were bringing local jobs. We hire local people. And you know, a lot of things get printed in the paper as were referred to earlier, that aren't true. We have more than 10 acres planted, we actually have 29 acres planted and to see the growth and the quality of the product that we make, that we are getting rave reviews in international wine competitions, wine spectator, wine enthusiast. I would just like you to know, just to augment the comments from Joe and Steve, we want to be part of the process. We don't want to bad neighbors, we want to be helpful and our hearts in the right place and we can all make Southold a better place together. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you. CHARLES SMITHEN: Hi, I am Charles Smithen Sherwood House vineyards. And I am really better known as Barbara Smithen's husband. At an effort at conciliation here, which really July 27, 2010 Page 71 Southold Town Board Meeting Minutes sounds like what it is and I think it is a really good idea. I just wanted to speak for a minute on development rights and fencing. You guys were extremely gracious and I wanted our whole group to know that. Not only did we get fence approved, which we were allowed to do but the highway department and you Steve, I gathered, allowed us to take some of your highway land. About four feet of it to fit that fence in an area so that we wouldn't have to get rid ora huge, long row of fence. Because we needed to get into that area or we would have lost (inaudible). So I think what I am trying to say is that you guys aren't rigid, you know, you thought about it a little bit, you said, yeah, it is our four feet but they will get it back. But you weren't rigid, you lack rigidity and I think that is a very important thing and I am very, very gracious for the town and to you Steve, and to the Board for allowing this. SUPERVISOR RUSSELL: I am gracious because Steve makes me sound more rugged than I am. Actually my name is Scott but I do appreciate it. I will go with Steve, it makes me sound rugged. COUNCILMAN KRUPSKI: He has been called worse, it's okay. SUPERVISOR RUSSELL: Look, understand something, the town has no preset notion of what is going to come as a result of the dialogue. The events, the notices that were sent were for minor issues that everybody should understand as to why there needs to be a level playing field with other businesses. I know and I am very aware of this issue of nepotism because my brother has, if any of you bother watching any of the meetings on your computer, you will see that we argue at length over the issue. Specific examples are the town code doesn't reference a pizza van. So under the current code, it is not permitted. However, I think if someone was shrewd enough to create something like that and marry his business to the local winery industry, the code ought to accommodate for that. That is what I talk about in terms of those economic opportunities of others. We don't want to trample on them, we want to embrace them and support them. But you can see why a fitness gym owner or a fitness club owner has concerns when you go so far afield of those complimentary uses, we have no choice here. But I don't think this Board, in particular, has a preset notion on where the dialogue is going to end up. Right now what we have is a code and that is, for better or for worse, I think everybody should just understand that the code is what it says and we need to recognize it until we can make it better or make it different. In some respects it might be better for the industry, in some respects it might not be. But that is our only goal here, right now. Would anybody like to address the Town Board? SAL DILIBERTO: My name is Sal Diliberto and I reside in Jamesport. I am a proud member of the Long Island Farm Bureau and a member of the Long Island Wine Council as well as a member of their board. I thank you for giving us the opportunity to speak here tonight. When I was young the drinking age was 18, and you know, as soon as you got your draft card in the mail, that was your ticket to anyplace you wanted to go. To have a beer with your friends and there was nobody who talked to me about responsible drinking except my father, who said if you are going to go out with your friends, make sure you eat something. You know, it was good advice then and it is still good advice now and it is the advice that every university in this country gives to their students. If you are going to drink, drink responsibly. And a part of that, July 27, 2010 Page 72 Southold Town Board Meeting Minutes the cardinal rule of drinking responsibly is to have something to eat before you drink and while you are drinking. United States military has in their bulletin, for all of the members of the armed forces, the same suggestion, if you are going to drink responsibly, you must eat. To think that there is going to be anything in the town code that would prohibit that, doesn't seem to be appropriate. And I know you are saying there is nothing really on the table right now, so I am making these comments so when things are on the table, people think, do we want to promote responsible drinking at the wineries or do we want to force people to drink irresponsibly by not making food available to them? It has to be done in a way that is compatible with the various industries out here. But it has to be incorporated. No one can look at the situation and say no, no food. That is not acceptable and I hope that this Board and the committee that is put together puts together something really good that keeps that in mind. COUNCILMAN KRUPSKI: In response to that, we have had conversations with other Board members and with the Town Attorney's trying to decipher one, what is in the town code looking at SLA law, looking at ag and market law as far as food is concerned at wineries, I tell you, the more we looked at it and the more we looked at the details, the less clear it became and that is why we need help, to try to decipher what is appropriate and what is not. We looked it up from the food industry and from the wine industry to work on that. MR. DILIBERTO: In the farm winery act, they do have and recently enacted during the past several years, they did enact specific provisions relating to food and stating in general the types of foods that would definitely be allowed in a winery and I think the objective there is with the SLA, you need to keep food at a place where people are consuming alcohol. Every doctor will tell you, Dr. Smithers included, every doctor will tell you that alcohol is absorbed into the bloodstream much more slowly if you are eating and I think that is what we want to encourage and once again, I hope that the effort is started sooner, rather than later. COUNCILMAN TALBOT: Part of it is supposed to be wine tasting, right, not wine drinking? And then if you have, you are promoting more bigger, more .... SUPERVISOR RUSSELL: The question is what is the industry evolving into? And that is certainly part of the discussion we will have with you. In other words, what are the needs for the next 10, 15, 20 years? As we move forward. MR. DILIBERTO: No matter what the quantity of alcohol and these various things, the university of the State of New York their memorandums on this, the United States military, they will tell you, if you are going to consume even a small amount of alcohol, eat. So we are not talking about overdoing, there are always going to be people who do that but we are talking about people who want to be responsible. You need to give them the opportunity to be responsible. Thank you. COUNCILMAN TALBOT: We are working on that. SUPERVISOR RUSSELL: Yes, we are working on that. And again, we are cognizant of the huge benefit the winery industry offers this community and the idea is to make sure that those July 27, 2010 Page 73 Southold Town Board Meeting Minutes economic opportunities are there for you and for the other satellite or accessory industries. It's, I mentioned this at the event at Raphael, it is a symbiotic relationship, it doesn't have to be a confrontational one. Benja? Oh, let me just say real quickly. I am of the generation that actually came of age three times. When I was 18, I became legal. Then in December, it went to 19 and I had to wait until February to become legal again. Then when I was 20, it went to 21 and then I had to wait, so I had the very unique distinction of coming of age three times. My wife would say it hasn't happened yet but, Benja? BENJA SCHWARTZ: I don't own a vineyard but I did work for over six years with the Hargraves and was involved in giving tours of the vineyard and the winery and I fully support the wine industry out here. My understanding was there was going to be some kind of a legislative effort directed towards clarifying what the wineries can and can't do. We have, I don't know if you got the letter which is delivered last week to the Town Clerk but Southold Town did last year, I think, or maybe the year before, enact a statute regulating farm stands. And I know at least one Town Board member here that has a wonderful farm stand, I love farm stands. The problem is, we have a farm stand in Cutchogue which sells plastic, manufactured, items that are manufactured in the far east. That money is going to multi-national, international corporation, not to Southold Town and those snow babies and plastic santa claus' are not grown in Southold Town. SUPERVISOR RUSSELL: They are not grown in the far east either, they are probably manufactured, but let me just say, that farm stand code, Benja, I understand where you are going with this, I read the letter. But the farm stand code had to recognize that the notion that you could live off just what you grow on site is over. That is the reality. You need to allow for the sate of accessory or complimentary products if you are going to keep the farm stands in business. MR. SCHWARTZ: I understand that and if you have a farm stand that sell apples, it might be appropriate to sell a little imported cheese. SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: But when you enact a law that says the maximum size of a farm stand can be 3,000 square feet and someone comes in and builds a 10,000 square foot building with no legal right to operate it as a retail store and Southold Town hires a law firm, sues them and wins and now they are applying to legalize that business, that retail sales store as a farm stand and the chairman of the Southold Town Advisory Committee, who spoke to you earlier without identifying his position comes to the Zoning Board of Appeals and says that this is the only way that we can save farming, is by selling accessories and by the way, although there is a 60/40 break that, law that farm stand, the agricultural uses law provides farm stand can sell up to 40 % accessory items. Well, he told the ZBA that they could sell 99 % accessory items as long as they kept them off the shelves and back in the warehouse and only pulled them out as they sold them. So there is, I think there is a very important issue that is being determined right now by how the ZBA interprets the new agricultural uses law and we are going to be watching that closely as well as any future legislation more specifically directed towards wineries. We want to support agriculture as long as it really is agriculture and agri-tourism is, can be a fantastic thing and as I, July 27, 2010 Page 74 Southold Town Board Meeting Minutes I used to be employed in the field but it is not always eco-tourism. And the commercial interests of some people should not trump the interests of everybody in town. So, thank you. SUPERVISOR RUSSELL: Who else would like to come up and address the Town Board? JIM WATERS: Jim Waters, I reside in Mattituck. I am also treasurer for the Long Island Wine Council. I wanted to thank you for your last comments, Supervisor, because I think you brought up a very good point about the farm stand piece. It is the same thing in the winery industry, okay, diversification of the industry is essential for co-existing. We have spent a tremendous amount of resources to promote the value of this area and we are kind of like this little best found gem stone that people are kind of coming across after years and years of people like Dr. Dan and you know, folks like, you know, Jack Petrocelli and other people, you know, like the Goerler's. they have been here for a long time, they have a big controlling vested interest in this area and I think what is really important is that when you look at this and you look at the current direction that you are going to go, you have got to do an economic impact study. You have got to say, if I am going to change one mechanism, how much is it going to affect jobs, growth in the area, to coexistence of other businesses. Our main goal is to slow food movement, of getting in tune with the local growers, the local oyster guys, whoever it is that we can deal with locally, that is always our main direction and focus. We deal with the local tent guys. Whoever it is, it is always about the local area and keeping the economic value going forward and that really is the goal here. And I appreciate you guys to be open minded buy we really have got to look at each direction that we take and how it is going to affect each mechanism economically. Because the goal here is for everybody to coexist and do well and I think the farm stands should be able to do that, I think the wineries should be able to do that. I want to see the restaurants be able to cater, you need to diversify and if the folks are concerned or having a tough time, they need to come to us and we will sit down and we will help promote, I mean, we have restaurants that come into the area new. They come to us, they offer us, you know, free corkage. They do 10 % on their food values. They do all types of things and we promote that. So if there are people that are having tough time, please come to us, meet with out board. We would be more than happy to help you if you are struggling. That is our intention. Thank you. BARBARA SMITHEN: Hi, I am Barbara Smithen, Sherwood House vineyards. Just to keep in mind (inaudible) I happen to (inaudible) on the north fork. I can tell you that I send people to B&B's, restaurants, gas stations. All day long I am showing the map, I started a program with Barbara Shinn (inaudible) and other establishments. We do it all of the time. And a lot of places don't even carry my wine. I mean, I am sending everybody to different restaurants, my name is not on the list. My winery is not on the list. I send them anyway because I think it is neighborly. But everybody is a concierge, when you are behind a bar serving wine to people. Especially tourists that are coming out, where should we stay, where should eat? Twenty times a day, we are sending people constantly so if you know the restaurants are (inaudible) and consider our job is just as difficult as yours is. Thank you. RON GOERLER: I am Ron Goerler, Jamesport vineyards. We are not here in confrontation with the code, we are here to foster our industry which I started, like doctor, 25-30 years ago. And we enjoy this. I have been coming out here since high school. So I guess you can call me a July 27, 2010 Page 75 Southold Town Board Meeting Minutes townie. But for the most part, we don't like to see the things in the newspaper that we have been reading about these confrontations, the restaurants and we have. There is always going to be competition, I mean, this is the real world. The restaurants, we are all for them. Some of them market our wine. Most of them do. but I don't think we can avoid competition, we are trying to do everything to foster our businesses as a group, so, Scott, four years ago I guess, when you took office, we were going to get together as a group to worry out some of these problems. Talk them out. Well, hopefully now we have another chance to do just that, so I would like to see that committee, whoever it might be, that we go forward with that as soon as possible because there are some issues as you know, that the town code is being interpreted and four wineries have been served notices, so with that in mind, I just want to say we can all work together and work it out. Thank you much. CLAYTON SAWYER: Hi, I am Clayton Sawyer, I own the Sterling house bed and breakfast in CJreenport and I am an affiliate member of the wine council and also the only B&B licensed to, with a wine license so we can serve and sell wine. There are 87 bed and breakfasts on Long Island and the top 12 are located in Long Island wine country and I don't think that is by any accident. The wine region really has put the north fork and the south fork on the map as far as tourism. And I mean, we were definitely a maritime industry area and we are really a tourism area now and the wine region really has put us on the map intemationally. And I can speak, I am getting people from all over which is why I am late tonight, and I just want to really thank the wine industry and I know that we do have to look at codes. Obviously we don't want people stepping on different people's businesses, however, the bed and breakfasts and the hotels are really the conduit where people come into the north fork and the wine area and we send them to the wineries. It is basically where we talk to the people, they want to go here, they are going to eat there, we send them all over the place and they are dropping money left and right, everywhere on the north fork, so as far as some of the restaurants maybe, I don't know why maybe they are not going (inaudible) but like Mr. Goerler said, it is competition as well and you have to really have the best product and I do want to thank the wine industry for really putting us on the map and that is about all I have to say. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this issue or any issue? NANCY SAWASTYNOWICZ: Nancy Sawastyonwicz of Cutchogue. Since all the wine industry people are here, could they please ask the limousines not to park in the no parking zone in the King Kullen parking lot? Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? TOM SCHOEDEL: Good evening, my name is Tom Schoedel, I own A Mano restaurant in Mattituck. And some other restaurants up the island and I came out here about five years ago because I thought it would be Disney world for chefs, you know. great products, great wines. When I first opened up, I put an open call out to all the wineries to come down and you know, put something on the list and they did. I did it for two reasons, one, I really believe in the wines, I think they are great and two is, any of the 15 tasting room managers would be sending people July 27, 2010 Page 76 Southold Town Board Meeting Minutes to my door every day which is what happened. And if it wasn't for the wineries, I don't think I would be here. They have done nothing but support us, they have been wonderful and you know, I have a place in Syosset called Cool Fish which is very busy most of the time and the interesting part about Cool Fish is that not once has anybody come in and there and go, you know, maybe I will take a ride out to A Mano and maybe I will stop at the winery. They all go, I am going out to the wineries and maybe I will see you at A Mano. That is kind of all I wanted to say. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board? JOE SFERLAZZA: Hi everybody, I am Joe Sferlazza, I live right here in Southold, also known as Southold slim, local musician and I play at a lot of the wineries, a lot of the restaurants. You can find me in town here or in Greenport, sitting around just playing for the folks. And I have to tell you, the wineries are a saving grace for this whole area. It is one of the, Southold in general, it is one of the last bastions of civility and good living left on the Island. And I what these people from the wineries are saying is absolutely true. I play at a lot of these places, the people come there, they don't come there for their supper meal or anything like that. They come there to taste wine, hear some music, see a venue, artwork or whatever it is, and then they go out and if they don't know where to go to eat, these people that own these wineries direct them to all the different restaurants in the area and it would be a shame to put any kinds of handcuffs on these people. They are doing a wonderful thing for this area. And I hope that continues and I have to say Southold Town has been great through this whole thing. You guys have been doing a swell job. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board? (No response) Just to reiterate, it looks like it is August 5 at 2:00 PM, we will get that discussion started and we will have it here so that we can accommodate as many people as want to be here, okay? Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:30 P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Southold Town Clerk Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell