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HomeMy WebLinkAboutTB-10/17/2006 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMA nON OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES October 17, 2006 4:30 PM Town Hall, 53095 Main Road PO Box 1179 Southo1d, NY 11971 Fax (631)765-6145 Telephone: (631) 765 - 1800 southo1dtown.northfork.net A Regular Meeting ofthe Southold Town Board was held Tuesday, October 17,2006 at the Meeting Hall, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Elizabeth A Neville Patricia A Finne an Organization Town of Southold Town of Southold Town of Southold Town of South old Town of South old Town of South old Town of South old . Town of Southold Title Councilman Councilman Councilman Councilman Justice Supervisor Town Clerk Town Attome I. ReDorts 1. Judge Evans Monthly Report September 2006 2. Judge Bruer Monthly Report September 2006 3. Town Clerk Monthly Report September 2006 4. Program for the Disabled September 2006 Events Status Arrived Present Present Present Present Present Present Present Present Page I October 17,2006 Town of Southold Board Meeting Minutes 5. Trustees Monthly Report September 2006 II. Public Notices III. Communications IV. Discussion 1. 9:00 A.M. - Landmarks Preservation Update Jim Grathwohl 2. 9:30 A.M. - Review of Open Space Stewardship Melissa Spiro / Jim McMahon 3. 10:00 A.M. - Drainage Code Jamie Richter 4. 10:30 A.M. - Building Depart. Permit Procedure Policy & Staffmg Needs Mike Verity 5. 11:00 A.M. - Process for Hiring Planning Director John Cushman 6. 11:30 A.M. - Executive Session - Litigation (Clark) John McKay, Esq. 7. Town Hall Needs Current & Future 8. Proposed Legislation Ban sleeping & camping on Town parks & beaches 9. Hamlet - HALO Implementation/Stakeholders 10. 1:00 P.M. - Animal Shelter Schematic of downsized original plan - Design Learned 11. Report of TDR Work Group 12. Status Update - Water Mains Map Page 2 October 17,2006 Town of South old Board Meeting Minutes - Traffic Study - Family Receational Use (Cox Lane) 13. Executive Session - Acquisition of Property Melissa Spiro John Sep 14. Executive Session - Police Captain Contract V. Resolutions 1. Statement SUPERVISOR RUSSELL: I would like to call the meeting to order. Would everybody please rise and join in the Pledge of Allegiance. Would anybody like to come up and address the Town Board on any issue as it appears on the agenda? Mrs. Egan? JOAN EGAN: Good evening everybody. Joan Egan, East Marion. Haven't gotten through all of it but we will work on it. So we will start at the beginning, that always helps, doesn't it? How is everybody in this weather? Everybody have their fur boots on and fur coats and all of that? I hope their (inaudible) insurance is up to date for colds, you know for health benefits. Now of course on the first page, I think last time Mr. Krupski over there said that he did read these justice reports and what's happened to our town. Anyone else up there besides Judge Evans who does that? Nobody? Well, you should. Comment made from the Justice Court, which didn't surprise me at all, that the moral fiber of all of the Town of Southold has hit the road, the skids. It is horrible. That those poor people in the Justice Court have to listen to on Friday's and during the week is horrible. Absolutely horrible. And as I have told you over and over again, you are all in dream world if you think it isn't happening out here. Okay, item, Town Clerk's doesn't have a number, well, table for 730 on those roads... SUPERVISOR RUSSELL: That is the, yeah, you are looking at item 809 on the agenda. It is on the previous page. MS. EGAN: Yeah, well, of course again, as a mother I worry about those kids and those parades, what is going on. Now, (inaudible) number 810 on the Police Department, now this is of course, communications. Again, you know, actually the public phone at the police station isn't working and of course, the one out here isn't working and I think you last week said you thought they were up to the 90's and I said well maybe they are still in the 80's. What do you think now? SUPERVISOR RUSSELL: 1965. MS. EGAN: No, no. I think we are a little bit further but not too much further. It is terrible. Terrible. Now on 811, this is again, I think for the Justice Court people and I don't think we do it, I think that is the incorporated Village of Greenport who only provides 10 minute parking but Page 3 October 17, 2006 Town of Southold Board Meeting Minutes it is our police officers who have to issue those summonses for 10 minute parking. You can't get through the Arcade in less than 10 minutes. I don't know whether you have any influence that you might ask our police officers to be a little bit lenient behind the Arcade. By the time you get into it and make a purchase it is 20 minutes and then you get a ticket. Now, if these people, now this, well we will see, let's move on here; now, I did hear indirectly, this is again police department, oh, these are the cars that you are going to be advertising for. Is that correct? SUPERVISOR RUSSELL: These cars... MS. EGAN: 812? SUPERVISOR RUSSELL: They are going to be advertised as surplus and offered up for auction. MS. EGAN: Yeah, well, if you don't get a good price as I have said here before, some of the schools, I know Greenport has it, I don't know if any of the other schools going either east or west, you might, maybe you will need a tax deduction and give it to them at a good, either give it to them or give it to them at a good price. Item 813, that is the Human Resource Center and I did check with Mrs. McLaughlin because I had mentioned that I spoke with those elderly people there and what is happening in the world and that the police should check it. She said that they do do a lot of their police car repairs across the street but I hope they do check it. I didn't understand 814. Anybody? SUPERVISOR RUSSELL: That is a performance bond for work to be done on a new subdivision known as Beach Plum division. I will defer to Pat. TOWN ATTORNEY FINNEGAN: The developer posts the bond to ensure that the improvements will get done. They will go and do the improvements. If they are not done, the Town could call on the bond and get the money and do the improvements themselves. But that is a requirement of the Planning Board to do it at the beginning of the project. MS. EGAN: So we are protecting ourselves? TOWN ATTORNEY FINNEGAN: Exactly. MS. EGAN: Good. I don't know that I said it before but I will say it now, I will repeat myself if necessary. I heard that Captain Flatley's contract was renewed? SUPERVISOR RUSSELL: It was actually, well, it will be on the agenda tonight to be approved for the first time. He has worked without a contract prior to. MS. EGAN: Oh, he has been working without a contract... SUPERVISOR RUSSELL: Not since we created the position, the new position of captain. Page 4 October 17, 2006 Town of Southold Board Meeting Minutes MS. EGAN: Yeah. So, what are you saying? SUPERVISOR RUSSELL: He has never had a contract and what we have is a contract after, I guess, two years of service to the Town that we are finally approving. MS. EGAN: How long will the contract be for? SUPERVISOR RUSSELL: For his employment in that position. MS. EGAN: How long a contract? SUPERVISOR RUSSELL: It would depend on how long he serves as captain in Southold Town, I don't think there is a. . . TOWN ATTORNEY FINNEGAN: It would go through the end of 2007, the current contract and then it could be renewed. MS. EGAN: Oh, so it will run until at least 2007 and then we will see what happens. Good. School crossing guards, I think they should be paid $1,000 a year with the way these people drive around here anymore. Now, I didn't quite understand 817 because they are talking about Fishers Island and at the same time, the Human Resource Department. What is that about? JUSTICE EVANS: The person in that position is on Fishers Island and works under the auspices.. .. MS. EGAN: Speak up, please. JUSTICE EVANS: The person that has the position is on Fishers Island, to help the people on Fishers Island but she works under the Human Resource Department. MS. EGAN: Oh, how did that happen? JUSTICE EVANS: Well, we are part of the Town, too. SUPERVISOR RUSSELL: The elderly on Fishers Island are entitled to all the representation they can get as well. That person, although under the aegis of Human Resources, is actually, more or less stationed, for lack of a better word, on Fishers Island. MS. EGAN: So then we will be taking someone out of the Human Resource Center, not out of it but she will not be at the Human Resource Center. Will she be replaced at the Human Resource Center? SUPERVISOR RUSSELL: This is actually a resignation for someone who has been already on Fishers Island serving in this role for some time. Page 5 October 17, 2006 Town of Southold Board Meeting Minutes MS. EGAN: Oh, okay. The recreation, well that is good. They did eliminate one thing from there which I know a lot of women liked and that was craft of making pots, you know, clay pots and things like that. SUPERVISOR RUSSELL: Pottery class? MS. EGAN: Yeah. That would be nice if that came back. Oh, the 819, now these aerial photos, I guess they have to with so many new subdivisions and changes, that this has to be done probably more often now than before? The aerial photos? SUPERVISOR RUSSELL: Yeah, the county actually does the photos, we contract and pay a share for the total cost. The county actually picks up about half the cost. The 10 towns agree to pick up their proportionate share based on size for the other half of the cost. MS. EGAN: And then we can get as many copies as we want or how does that work? SUPERVISOR RUSSELL: We are under contract, I believe we can copy them as in-house work products, as many times as we need. MS. EGAN: We can get as many, well, that is good. Are they, where would they be available for the public to view? SUPERVISOR RUSSELL: I don't know that we are allowed to offer that to the public, much like tax maps. They are under license agreement with the county and it would be for you to go to the county to purchase them separately. The county is very protective of its products. TOWN A TIORNEY FINNEGAN: They can look at them. SUPERVISOR RUSSELL: You can look at them here at anytime. MS. EGAN: They are up here. SUPERVISOR RUSSELL: Yes. MS. EGAN: Good. Get our money's worth. Right? Get the taxpayers their money's worth. Which they are not getting as we speak. But as I tell those people, they have got to come up here and speak their piece. Now, on item 820, that will be a one day affair? TOWN A TIORNEY FINNEGAN: Yes. MS. EGAN: Good. And brown bag it. Now, on item 822, this is again the police department. Now they are talking about inoculations, these are like flu shots or extra medical, this doesn't just come under their regular contract? SUPERVISOR RUSSELL: I would have to ask somebody who has knowledge of what the Page 6 October 17, 2006 Town of South old Board Meeting Minutes inoculation line, 1 can tell you what the motor vehicle tires are for but the inoculations; no such luck. COUNCILMAN ROSS: The state requires, 1 know for firemen and probably for police officers certain inoculations, that the employer offer that and that is probably what that line is for. MS. EGAN: I, you don't make yourself clear to me. COUNCILMAN ROSS: There is a requirement by the state that a municipality offer inoculations for firemen and I suspect for police officers also and that is probably what that line is for, that line item, that money is for. And it is being transferred to a different line. MS. EGAN: Well, I should think that their medical contract, their contract that was given them by the CSEA or whatever it is; that should cover it. I don't see why their should be more money spent there. so maybe you want to check that out, Mr. Ross? COUNCILMAN ROSS: Well, it's not being spent there, it is being transferred to motor vehicle tires. SUPERVISOR RUSSELL: Which I am sure isn't covered by the medical policy. But... MS. EGAN: It says 'inoculations, $3,300' SUPERVISOR RUSSELL: Well, you know what? It is a good point and I will talk with John Cushman, who generally deals with the medical insurance provider for the Town as to why they are not picking up the cost on these additional or unique inoculations. MS. EGAN: Yeah. SUPERVISOR RUSSELL: I will certainly bring that up with him. It is a good point and I will bring that up with him. MS. EGAN: Good. Oh, item 823, public works, that is Mr. McMahon over there and I think I told you at the last meeting to give him a wake-up call. And I believe it was, should have been under his cap that the heating system here should have been taken care of and reviewed this summer or early fall. With crazy weather changes, this was ridiculous that this happened. Absolutely ridiculous. The town employees had to bring in electric heaters, which can be very dangerous and are very expensive, very expensive. Maybe the job has gotten, as I have said before, too big for him. Well, 825, again I don't feel these parades and things, with things the way they are happening should be happening. They should be done locally. 826, 825, all the same. I love a parade, I have always loved a parade. It is one of the things that I loved about out here. No more. No more. Oh, the, 827. What is the Juvenile Aid Bureau and who is in charge ofthat? SUPERVISOR RUSSELL: The Juvenile Aid Bureau would be a component of the Police Page 7 October 17, 2006 Town of Southold Board Meeting Minutes Department. Generally police officers are assigned to tasks such as DARE, in school drug awareness and alcohol training. Generally that money is funded through Suffolk County. I believe that calls for me to accept $27,295 in funding for that program. MS. EGAN: Well, that is money well spent. I believe you had, I know it was a wonderful lady police sergeant and she resigned... SUPERVISOR RUSSELL: Yes, Beth. MS. EGAN: And you have two men there now. SUPERVISOR RUSSELL: Fine, fine officers and they do a wonderful job. MS. EGAN: Yeah. And it is not an easy job and I will say Sergeant Dzenkowski did a fantastic job keeping those children out of court, with getting a record on their, which they say is sealed which you and I know there is no such thing as complete confidentiality. But she managed very well, to do as best she could to see that those children if possible with cooperation from the school and the parents, those kids did not get a police record which does hurt them eventually, especially if they are looking for any kind of a scholarship. Your head falling off, Mr. Ross? Good. Oh, item 828, archives week proclamation. I gave our historian the full back of Gardiners Bay estates and she was delighted. I hope some of you took the opportunity to read it. This is, these things are very important and it is a shame that you would let this basement go to rack and ruin and so many good things were ruined. Somebody sure was asleep at the clutch. Oh, the Highway Department. That is 829, that is a lot of money, $108,000. Is it necessary? SUPERVISOR RUSSELL: Absolutely. MS. EGAN: Okay. I will take your word for it. I guess 829 and all these local laws and (inaudible) I see there is another meeting on the (inaudible) Oh, incidentally, I should put in a bid for 10% because I record all these people who have run-off soil. You know they get a waming and then they get a warning and then eventually it costs them $1,000 and they keep, so I have made a lot of money for the Town. Any chance of my getting 10% of that. SUPERVISOR RUSSELL: We will talk about it at a future date. MS. EGAN: Good. Oh... SUPERVISOR RUSSELL: I just spent it on the aerial lift boom for the Highway Superintendent. MS. EGAN: Oh, there you are darling. You had better take good care of that equipment. You know Joanie will be checking. Now, the dump. That is 831. SUPERVISOR RUSSELL: At what that cost us, that is now called the landfill. MS. EGAN: It is the dump. And they are still treating seniors very poorly. They are very Page 8 October 17, 2006 Town of Southold Board Meeting Minutes fortunate, the Town is, that Mr. and Mrs. Drum did not pursue their legal agenda against the Town. They would have except that because of that, part of that accident that happened up there Mr. Drum got very sick and he has got cancer of the leg. You people could have been sued for big, big bucks. Now, this 833, this is all in regard to the public hearing? Oh, this is for November 21. The Assessor's. Good. They work very hard and in many times in bad weather. Oh, I see 835, that is what you were talking about with Captain Flatley. And that is it for a while. The Trustees are in trouble, the Planning Board is in trouble, ZBA is in trouble. You are all in trouble. You had better start praying. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (No response) Hearing none, let's move forward. TOWN ATTORNEY FINNEGAN: Can I just say, just so everybody is clear. Resolution 832 is the local law. That page 17, 18 and 19 should actually corne as part of 832. So when you get to the resolution it is all resolution 832. 2006-807 CATEGORY: DEPARTMENT: Audit Town Clerk Approve Audit October 17, 2006 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated October 17. 2006. .;' Vote Record - Resolution REs..ZOO6..so7 Yes/Aye NolNay Abstain Absent Ii!! Adopted Albert Krupski Jr. Voter Ii!! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!! 0 0 0 0 Defeated Daniel C. Ross Voter Ii!! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii!! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2006-808 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Next Meeting 11/8/06 At 7:00 P.M with Budget Public Hearings At 4:00 P.M and 7:30 PM. RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Wednesday, November 8, 2006 at the Southold Town Hall, Southold, New York at 7:00 P. M.. and 2007 budget public hearings at 4:00 p.m. and 7:30 p.m.. Page 9 October 17, 2006 Town of Southo1d Board Meeting Minutes ./ Vote Reeord - Resolution RES-2006--808 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-809 Tabled 10/3/20067:30 PM CATEGORY: CloselUse Town Roads DEPARTMENT: Town Clerk Southo/d PTA Halloween Parade RESOLVED that the Town Board of the Town of Southold hereby 2rants permission to the Southold Town PTA to hold it Annual Halloween parade. to begin at the Southold Firehouse on the Main Road, proceed west to Oaklawn A venue and end at the elementary school, on Saturday. October 28. 2006 beginning at 12:00 noon, provided they file with the Town Clerk a One Million Dollar Certificate oflnsurance naming the Town of South old as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. -I' Vote Record. Resolution RES-2006-809 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. 'Initiator Ii'! 0 0 0 0 Adopted as Amended William p, Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-810 CATEGORY: DEPARTMENT: Budget Modification Police Dept ModifY the 2006 General Fund Whole Town Budget - Police Department RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town bud2et as follows: From: A.3020.2.200.700 Communcation Equipment $1115.00 Page 10 October 17, 2006 Town of Southold Board Meeting Minutes To: A.3020.4.600.400 Training $1115.00 -/ Vote Record - Resolution RES-2006...s10 Yes/Aye NOlNay Abstain Absent Ii:! Adopted AI1:lert I<l11PS1ci Jr. Seconder Ii:! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii:! 0 0 0 0 Defeated Daniel C. Ross Voter Ii:! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii:! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii:! 0 0 0 Scott Russell Voter Ii:! 0 0 0 2006-811 CATEGORY: DEPARTMENT: Budget Modification Data Processing Modify the 2006 General Fund, Whole Town Budget to Transfer Funds From the Justice Court Application Maintenance Account to the Computer Software Account for the Purchase of a New Parking Ticket Module. RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Fund. Whole Town bud2et as follows: From: A.1680.4.400.557 Court System Maintenance $ 2700.00 To: A.1680.2.400.520 Personal Computer Software $ 2700.00 ,f Vote Record ~ Resolution RE~2006...s11 Yes/Aye NolNay Abstain Absent Ii:! Adopted Albert Krupski Jr. Voter Ii:! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii:! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii:! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii:! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii:! 0 0 0 Scott Russell Voter Ii:! 0 0 0 2006-812 CATEGORY: DEPARTMENT: Surplus Equipment Police Dept Declare the Following Vehicle to be Surplus Equipment At the Police Department RESOLVED that the Town Board of the Town of South old hereby declares the followin2 equipment to be surplus equipment: Page II October 17, 2006 Town of South old Board Meeting Minutes 2000 Ford Crown Victoria - VIN 2FAFP71W8YX176394 - 135,000 miles 2001 Ford Crown Victoria - VIN 2FAFP71WOIX187119 - 133,000 miles Contact person is Lt. H. William Sawicki - (631) 765-2600. Vehicles are in "as is" condition. The 2000 Ford Crown Victoria may be viewed at Lou's Garage, Pacific Street, Mattituck (across from the Southold Nutrition Center). The 2001 Ford Crown Victoria may be viewed at Police Headquarters by making arrangements with Lt. Sawicki. Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. '" Vote Record - Resolution RES-2006--812 Yes/Aye NolNay Abstain Absent 6'1 Adopted Albert Krupsk:i Jr, Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham Seconder 6'1 0 0 0 0 Withdrawn Louisa P. Evans Initiator 6'1 0 0 0 Scott Russell ' Voter 6'1 0 0 0 2006-813 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center Modify the 2006 General Fund Whole Budget - HRC RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole budl!:et as follows: From: Appropriations: A,6772.4.400.650 Programs for the Aging Contractual Expenses Vehicle Maint. And Repairs $700.00 To: Appropriations: A.6772.4.400.100 Programs for the Aging Contractual Expenses Building Maint. And Repairs $700.00 Page 12 October 17, 2006 Town of South old Board Meeting Minutes ./ Vote Record ~ Resolution RES-2006-813 Yes!..\ye NolNay Abstain Absent ii:I Adopted Albert Krupski Jr. Voter ii:I 0 0 0 0 Adopted as Amended William P. Edwards Voter ii:I 0 0 0 0 Defeated Daniel C. Ross Voter ii:I 0 0 0 0 Tabled Thomas H. Wickham Initiator ii:I 0 0 0 0 Withdrawn Louisa P. Evans Seconder ii:I 0 0 0 Scott Russell Voter ii:I 0 0 0 2006-814 CATEGORY: DEPARTMENT: Letter of Credit Town Clerk Accept the Site Improvement Performance Bond No. 18655 Issued by the The Service Insurance Company, Inc. In the Amount of$75,546.00for the Proposed Clustered Conservation Subdivision Entitled Flower Hill Subdivision AlK/A "Beach Plum Division" RESOLVED that the Town Board of the Town of Southold hereby acceots the Site Imorovement Performance Bond No. 18655 issued bv the The Service Insurance Comoanv. Inc. in the amount of $75.546.00 for the orooosed Clustered Conservation Subdivision entitled Flower Hill Subdivision aIkIa "Beach Plum Division", SCTM #1000-69-3-10.1, located on the north side of Ackerly Pond Road and the west side ofNYS Route 25 in Southold, as recommended by the Southold Town Planning Board, all in accordance with the approval of the Town Attorney. .t' Vote Record - Resolution RES-2006-814 Yes/Aye NolNay Abstain Absent ii:I Adopted Albert Krupski Jr. Initiator ii:I 0 0 0 0 Adopted as Amended William P. Edwards Seconder ii:I 0 0 0 0 Defeated Daniel C. Ross Voter ii:I 0 0 0 0 Tabled Thomas H. Wickham Voter ii:I 0 0 0 0 Withdrawn Louisa P. Evans Voter ii:I 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-815 CATEGORY: DEPARTMENT: Employment - Town Police Dept Authorize and Direct the Town Clerk to Advertise for School Crossing Guards for the Police Department RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to advertise for School Crossin!!: Guards for the Police Deoartment at the Cutcho!!:ue East School. Main Road. Cutcho!!:ue, at a rate of $41.89 per day. Page 13 October 17,2006 Town of Southold Board Meeting Minutes ./ Vote Record ~ Resolution RE8-2006-815 Yes/Aye No/Nay Abstain Absent 1<1 Adopted Albert Krupski Jr. Seconder 1<1 0 0 0 0 Adopted as Amended William P. Edwards initiator 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-816 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grants Permission to the Greenport Teachers Association to Hold a Dr. Claire 5K Run on November 4, 2006 At 9:00 Am RESOLVED that the Town Board of the Town of South old hereby 2rants permission to the Greennort Teachers Association to hold a Dr. Claire 5K run on November 4. 2006 at 9:00 .!!!!! using the following town roads, providing they file a certificate of insurance with the Town Clerk's office naming the town as an additional insured and they contact Capt. Flatley for traffic control: Main Road (Front Street) Moore's Lane ,/ Vote Record - Resolution RE8--2006-816 Yes/Aye No/Nay Abstain Absent 1<1 Adopted Albert Krupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Initiator 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Seconder 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-817 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Accept the Resignation of Leslie Tombari From the Position of Senior Citizen Coordinator on Fishers Island In the Human Resource Department RESOLVED that the Town Board of the Town of South old hereby accents the resimation of Leslie Tombari from the nosition of Senior Citizen Coordinator on Fishers Island in the Human Resource Denartment, effective October 17, 2006. Page 14 October 17,2006 Town of Southold Board Meeting Minutes ~ Vote Record. Resolotlon RES-2006-817 Yt:sfAye }\lolNay Abstain Absent ItI Adopted Albert Krupski Jr. Voter ItI 0 0 0 0 Adopted as Amended William P. Edwards Voter ItI 0 0 0 0 Defeated Daniel C. Ross Voter ItI 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator ItI 0 0 0 Scott Russell Voter ItI 0 0 0 2006-818 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with the Following Individual for the Fall 2006 Recreation Programs RESOLVED that the Town Board of the Town of South old authorizes and directs Supervisor Scott A. Russell to execute an a2reement with the followin2 individual for the fall 2006 recreation pr02rams, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2006 instructor line A 7020.4.500.420. Bill Gatz (Youth Basketball Program)................................................ $25/hour ,/ Vote Record ~ ResolutioD RES-2006-818 yes/Aye NOfI'olay Abstain Absent ItI Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter ItI 0 0 0 0 Defeated Daniel C. Ross Voter ItI 0 0 0 0 Tabled Thomas H. Wickham Initiator ItI 0 0 0 0 Withdrawn Louisa P. Evans Seconder ItI 0 0 0 Scott Russell Voter ItI 0 0 0 2006-819 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorize and Direct Supervisor Scott A. Russell to Commit to Suffolk County $14,960 In 2007 As the Town's Contribution (5.89%) Toward Digital Aerial Photos RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to commit to Suffolk County $14,960 in 2007 as the Town's contribution (5.89%) toward di2ital aerial photos to be taken in the sprin2 of 2007, all in accordance with the approval of the Town Attorney. Page IS October 17, 2006 Town of South old Board Meeting Minutes ./ Vote Record - Resolution RE8--2006-819 YwAye No/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-820 CATEGORY: DEPARTMENT: Attend Seminar Town Attorney Grants Permission to Assistant Town Attorneys, Lori Hulse Montefusco and Kieran M. Corcoran, to Attend the 18Th Annual Supreme Court Review Seminar At Touro College Law Center In Huntington, New York RESOLVED that the Town Board of the Town of South old hereby I!rants permission to Assistant Town Attorneys. Lori Hulse Montefusco and Kieran M. Corcoran. to attend the 18th Annual Supreme Court Review Seminar at Touro CoUel!e Law Center in Huntinl!ton. New York, on October 20, 2006. All expenses for registration and travel are to be a charge to the 2006 Town Attorney budget. '" Vote Reeord - Resolution RES-2006-820 Yes/Aye NOfNay Abstain Absent Ii'! Adopted Albert KrupskiJr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-821 CATEGORY: DEPARTMENT: Refund Town Attorney Authorize and Direct the Town of South old to Reimburse the Peconic Land Trustfor Recording Fees In the Sum of$426.20 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town of Southold to reimburse the Peconic Land Trust for recordinl! fees in the sum of $426.20 pavable to the Suffolk County Clerk in connection with the recordinl! of the Correction Deeds for Thomas J. Hubbard and Anne A. Hubbard. A receipt from the Page 16 October 17, 2006 Town of South old Board Meeting Minutes Suffolk County Clerk for these fees will be provided to the Southold Town Accounting Department for their records. '" Vote Record - Resolution RES.2006-821 y~s/ Aye Ni)l1'lay Abstain Absent Ii:! Adopted J\l~ertl<Iup~ld J!~ Voter 0 0 Ii:! 0 0 Adopted as Amended William P. Edwards Voter Ii:! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii:! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii:! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii:! 0 0 0 Scott Russell Voter Ii:! 0 0 0 2006-822 CATEGORY: DEPARTMENT: Budget Modification Police Dept ModifY the 2006 General Fund Whole Town Budget- Police Department RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Fund Whole Town budeet as follows: From: A.3l20.4.600.400 Inoculations $3,300.00 To: A.3120.4.1 00.500 Motor Vehicle Tires $3,300.00 '" Vote Record - Resolution RES.2006-822 Yes/Aye NolNay Abstain Absent Ii:! Adopted Albert Krupski Jr. Voter Ii:! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii:! 0 0 0 0 Defeated Daniel C. Ross Voter Ii:! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii:! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii:! 0 0 0 Scott Russell Voter Ii:! 0 0 0 2006-823 CATEGORY: DEPARTMENT: Budget Modification Public Works ModifY the 2006 Community Preservation Fund Budget RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 Community Preservation Fund Hudeet as follows: Page 17 October 17, 2006 Town of Southold Board Meeting Minutes From: H3.1620.1.300.100 Seasonal Employees Regular Earnings $6,000 To: H3.1620.1.100.100 Full-Time Employees Regular Earrings $6,000 ./ Vote Retord - Resolution RES-2006-823 YeslAye NolNay Abstain Absent ~ Adopted Albert Krupski Jr. Voter ~ 0 0 0 0 Adopted as Amended William P. Edwards Voter ~ 0 0 0 0 Defeated Daniel C. Ross Voter ~ 0 0 0 0 Tabled Thomas H. Wickham Initiator ~ 0 0 0 0 Withdrawn Louisa P. Evans ... Seconder ~ 0 0 0 Scott Russell Voter ~ 0 0 0 2006-824 CATEGORY: DEPARTMENT: Budget Accounting Close Capital Fund for Downs Farm Preserve WHEREAS the Town Board of the Town of Southold adopted a bond resolution on October 29, 1999 thereby establishing a Capital Fund for Improvements to Downs Farm Preserve, and WHEREAS General Fund Whole Town funds were transferred to the Capital Fund to partially finance Improvements to Downs Farm Preserve, and WHEREAS the Bond Anticipation Notes issued for the Improvements to Downs Farm Preserve have been fully paid by the Town through the General Fund Whole Town, and WHEREAS the Improvements to Downs Farm Preserve as described in the bond resolution of October 29,1999 have been completed, now therefore be it RESOLVED that the Town Board of the Town of South old hereby declares the Improvements to Downs Farm Preserve proiect complete, and be it further Page 18 October 17, 2006 Town of South old Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby closes the Capital Fund established for the Improvements to Downs Farm Preserve and directs that all remainine funds in said Capital Fund be transferred to the General Fund Whole Town. '" Vote Record ~ Resolution RES-2006..sU Yes/Aye Nl)fr\illY Abstain Absent It! Adopted AI~ert ~ps~i..!r: Initiator It! 0 0 0 0 Adopted as Amended William P. Edwards Seconder It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrnwn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2006-825 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Cutchogue Fire Department to Hold Its Annual Halloween Parade In Cutchogue on October 31,2006 RESOLVED that the Town Board of the Town of South old hereby erants permission to the Cutchol!1le Fire Department to hold its annual Halloween Parade in Cutchoeue on October 31.2006 beginning at 6:00 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 notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. ./ Vote Record - Resolution RES-2006-825 Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Seconder It! 0 0 0 0 Adopted as Amended William P. Edwards Initiator It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2006-826 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Oysterponds UFSD to Use the Following Roadsfor Its Annual Halloween Parade In Orient on October 3 I, 2006 RESOLVED that the Town Board of the Town of Southold hereby erants permission to the Ovsterponds UFSD to use the followine roads for its annual Halloween Parade in Orient on Page 19 October 17, 2006 Town of South old Board Meeting Minutes October 31. 2006 beginning at 1 :45 PM: Village Lane Orchard Street Tabor Road provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. ./ Vote Record - Resolution RES-2006-826 Yes/Aye NolNay Abstain Absent Iil Adopted Albert Krupski Jr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Initiator Iil 0 0 0 0 Tabled Thomas H. Wickham Voter Iil 0 0 0 0 Withdrawn Louisa P. Evans Seconder Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2006-827 CATEGORY: DEPARTMENT: Grants Community Development Authorize and Direct Supervisor Scott A. Russell to Sign an Applicationfor Fundingfor the 2007 Juvenile Aid Bureau Program RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. RusseD to si211 an application for fundin!! for the 2007 Juvenile Aid Bureau Pro!!ram in the amount of$27,395. ,/ Vote Record. Resolution RES-2006..s27 Yes/Aye NolNay Abstain Absent Iil Adopted Albert Krupski Jr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Seconder Iil 0 0 0 0 Withdrawn Louisa P. Evans Initiator Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2006-828 CATEGORY: DEPARTMENT: Proclamation Town Clerk Archives Week Proclamation Page 20 October 17, 2006 Town of Southold Board Meeting Minutes WHEREAS, archives help us anchor our rapidly changing society in the stream of time, document our stewardship of the present, and remind us of our accountability to future generations, and WHEREAS, archives are central to research and education, both now and in the future, and WHEREAS, the archives of our governments protect the rights of citizens, support the effective operation of government, and document the evolution of our democracy, and WHEREAS, archives are essential to understanding the diversity of our society and the development of our private and non-profit organizations, and WHEREAS, the sound selection, preservation, accessibility, and broad use of archival records are vital to the present and future citizens of the Town of Southold, and WHEREAS, greater public awarenesss of archival conditions and increased support for archival programs in the Town of Southold is urgently needed, now, therefore be it RESOLVED that the Town Board of the Town of Southold does hereby proclaim the month of October 2006 ARCHIVES MONTH IN THE TOWN OF SOUTHOLD ./ Vote Record - Resolution REs..2006--828 Yes/Aye NolNay Abstain Absent I!I Adopted Albert KrupskiJ~. Voter I!I 0 0 0 0 Adopted as Amended William P. Edwards Voter I!I 0 0 0 0 Defeated Daniel C. Ross Voter I!I 0 0 0 0 Tabled Thomas H. Wickham Initiator I!I 0 0 0 0 Withdrawn Louisa P. Evans Seconder I!I 0 0 0 Scott Russell Voter I!I 0 0 0 2006-829 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept the Bid of Aerial Lift, Inc. for the Purchase of One (1) 62-Ft Rear Mount Aerial Lift Bucket on a 2007 Ford F750XL Chassis RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Aerial Lift. Inc. for the purchase of one (1) 620ft Rear Mount Aerial Lift Bucket on a 2007 Ford F7S0XL chassis. in the amount of $1 08,601.00, for use at the Highway Department, subject to the approval of the Town Attorney. ./ Vote Record - Resolution RES-2~29 Yes/Aye N'olN'IlY Abstain Absent I!I Adopted Albert Krupski Jr, Initiator I!I 0 0 0 0 Adopted as Amended William P. Edwards Seconder I!I 0 0 0 0 Defeated Daniel C. Ross Voter I!I 0 0 0 0 Tabled Thomas H. Wickham Voter I!I 0 0 0 0 Withdrawn Louisa P. Evans Voter I!I 0 0 0 Scott Russell Voter I!I 0 0 0 Page 21 October 17, 2006 Town of South old Board Meeting Minutes 2006-830 CATEGORY: DEPARTMENT: Retirement/Resignation Town Clerk Accept the Resignation of John Holzapfel From the Position of Southold Town Trustee RESOLVED that the Town Board of the Town of South old hereby accepts the resi2llation of John Holzapfel. Southold Town Trustee, effective October 6, 2006. '" Vote Record - Resolutlo. RES-2006-830 yes/Aye No[Nay Abstain Absent Iil Adopted Albert Krupski Jr. Seconder Iil 0 0 0 0 Adopted as Amended William P. Edwards Initiator Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Voter Iil 0 0 0 0 Withdrawn Louisa P. Evans Voter Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2006-831 CATEGORY: DEPARTMENT: Refund Solid Waste Management District Refund Tipping Fee RESOLVED that the Town Board of the Town of South old hereby authorizes a refund to Joe Dunne from the Solid Waste Manal!:ement District in the amount of $108.60 to correct a tip fee charged for debris disposal at the Cutchogue Transfer Station. ./ Vote Record - Resolution RES-2006-831 Yes/Aye No/Nay Abstain Absent Iil Adopted AIl>~I<Jl1p~}(iJr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Initiator Iil 0 0 0 0 Tabled Thomas H. Wickham Seconder Iil 0 0 0 0 Withdrawn Louisa P. Evans Voter Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2006-832 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney Set November 21,2006,5:05 Pm, At Southold Town Hall, As the Time and Place for a Public Hearing on a Local Law Entitled, " a Local Law In Relation to Amendments to Penalties In the Southold Town Code". Page 22 October 17,2006 Town of Southold Board Meeting Minutes WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 17th day of October 2006, a Local Law entitled," A Local Law in relation to Amendments to Penalties in the Southold Town Code" now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 21st day of November, 2006 at 5:05p.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 Penalties in the Southold Town Code" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to Amendments to Penalties in the Southold Town Code", BE IT ENACTED by the Town Board of the Town of South old as follows: I. PURPOSE The Town Board has reviewed the penalties associated with violations of the Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. II. CHAPTERS 144, 135, 233, 264, 228 and 100 are hereby amended as follows: Fire Prevention and Building Construction ~ 144-20 Compliance required; penalties for offenses. Page 23 October 17, 2006 Town of South old Board Meeting Minutes A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of any provisions of this chapter, or to fail in any manner to comply with a notice, directive, or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. B. For each offense against any provisions of the Uniform Code, EnerlIT Code, or of this chapter, or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of any Building Inspector shall, upon a first conviction thereof, be guilty of a violation punishable by a fine not exeeeeiag H'ie 11Iffieree to exceed five thousand dollars ($SOO.) ($5.000.)or imprisonment for a period not to exceed fifteen (15) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eightseH (18) thirty-six (36) months thereafter, such person shall be guilty of a violation punishable by a fine not elteeediflg aae ths1iGaIle five INHIEkeEl to exceed ten thousand dollars ($1509.) ($10.000) or imprisonment for a period not to exceed fifteen (IS) days, or both such fine and imprisonment. Farm Stands {l135-6. Penalties for offenses. Any violation of this chapter shall be grounds for revocation ofthe farm stand permit. Furthermore, any violator of this chapter shall, upon conviction, be guilty of a '1ielatiea !!! offense punishable by a fine not eKeeeeiag to exceed one thousand dollars ($1.000.) $509. or imprisonment for a period not to exceed fifteen 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within ei2hteenl8 months thereafter, such person shall be guilty of a vielatiea an offense punishable by a fine not slleeeEliag $1,590 to exceed five thousand dollars($5.000.) or imprisonment for a period not to exceed fifteen 15 days or both such fine and imprisonment. Page 24 Octeber 17, 2006 Tewn ef Seutheld Beard Meeting Minutes Selid Waste ~233-6. Penalties fer effenses. A. Illegal dumping. Any persen cemmitting an effense ef illegal dumping under this chapter shall, upen cenvictien thereof, be guilty ef a vielatien punishable as fellews: (I) Fer a first effense: (a) A fine net less than $1,000. and net mere than $-l-;SOO. $5.000.; (b) Imprisenment fer a term net slLsssding to exceed 15 -Hl-days.; er (c) Cemmunity service eff!!m..(40) heurs, te be perfermed within 311 days sfllis dats sf sentencing the Town of Southold. (2) Fer a second effense: (a) A fine efnet less than $~$5.000. and net mere than $~$10.000.; (b) Imprisenment fer a term net sllessding to exceed thirty 30 days; er (c) Cemmunity service ef one hundred twenty (120) heurs, te be perfermed within 911 days efths dats sf senteneing the Town of Southold. Vehicles, Meter-Driven ~264-20 Penalties fer effenses; restitutien. A. Any persen, firm er cerperatien vielating er permitting the vielatien ef any previsien efthis chapter shall be guilty ef a vielatien and shall be subject te a fine efnet less than $50. ner mere than $~$500. er te imprisenment sf net mars than not to exceed fifteen (IS) days, er beth such fine and imprisenment. Eaeh day's esatiRusd ,..ialatian shall sSRstitute a sBj'larats affsn~s. In ths ea~s sf a BscaRd ar SUBsslllient yialatisn, the caM may srder eanfi~eatisH sf saia '"shiele sr eSH'/syanes in lieli sf llfIY Fine andlsr iHlflri~snmaat. Anv second or subsequent conviction of such person. firm or corporation shall be subiect to a fme not less than two hundred fifty ($250.) dollars nor more than seven hundred fiftv($750.) dollars and the vehicle or conveyance shall be subiect to confiscation pursuant to S264-19. Any vehicle er cenveyance which is cenfiscated pursuant te this sectien and stored bv the Town in excess of thirty (30) days may. upon conviction under this chapter, wHl-be seld at public auctien accerding te the appropriate procedures and laws affecting public auctiens by municipalities. Seil Remeval Page 25 October 17,2006 Town of South old Board Meeting Minutes ~228-13 Penalties for offenses. Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not elleeediag twe Illlftdred ~to exceed two thousand five hundred dollars (~) ($2.500.) or by imprisonment for a term not e)l6eediag to exceed fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is committed, a separate and distia6t additional offense hereunder. Buildings, Unsafe ~ I 00-1 0 Penalties for offenses. A. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of an offense a violation punishable by a fine not to exceed twe ilIlfldFed tift)' five thousand dollars ($~($5.000.) or by imprisonment for a term not to exceed fifteen (15) days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense er vielaaea. 8, Nethiag ia this efllljlter shall be eeaskued as d6flFiviag the te'llft ef llRY ether available r6lftedy rele'lant Ie a vielatiea ef this ehllJller. B. In addition to the criminal violation. the Town Attornev is authorized to pursue anv and all actions in law or equity. includin2 but not limited to actions for compensatory dama2es. civil penalties. or iniunctive relief. C. Strict Liabilitv. Personal knowled2e of the existence of a violation under this chapter is not required. no mens rea (intent) is required. and anv violation char2ed herein shall be one of strict liabilitv. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Page 26 October 17, 2006 Town of Southo1d Board Meeting Minutes 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~2006-832 Yes/Aye NolNay Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Seconder iii 0 0 0 0 Withdrawn Louisa P. Evans Initiator iii 0 0 0 Scott Russell Voter iii 0 0 0 2006-833 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney Set November 21,2006, 5:10Pm, Southold Town HallAs the Time and Placefor a Public Hearing on a Local Law Entitled, "A Local Law In Relation to Compliance with Site Plan and Conditions Imposed by the Planning Board And/Or Zoning Board of Appeals In Section 280 of the Southold Town Code" WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of October 2006, a Local Law entitled, "A Local Law in relation to compliance with site plan and conditions imposed bv the Plannin!!. Board and/or Zonin!!. Board of Appeals in Section 280 of the Southold Town Code" now, therefore, be it RESOLVED that the Town Board of the Town of Southold wil\ hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 21st day of November, 2006 at 5:10 p.m., at which time all interested persons wil\ be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to compliance with site plan and conditions imposed bv the Plannin!!. Board and/or Zonin!!. Board of Appeals in Section 280 ofthe Southold Town Code" reads as follows: LOCAL LAW NO. 2006 Page 27 October 17, 2006 Town of South old Board Meeting Minutes A Local Law entitled, "A Local Law in relation to compliance with site plan and conditions imposed bv the Plannin2 Board and/or Zonin2 Board of Appeals in Section 280 of the Southold Town Code". BE IT ENACTED by the Town Board of the Town of Southold as follows: V. PURPOSE The Town Board recognizes the need for additional inspections to ensure compliance with an approved site plan and to ensure conditions imposed by the Planning Board or Zoning Board of Appeals are met prior to use and/or occupancy of a site. VI. Chapter 280 is hereby amended as follows: ~280-130. Approval of site plan required. C. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site development plan or approved amendment of any such plan. An on-site inspection bv Plannin2 Department staff must be made to determine compliance with the site plan, with the written consent of the owner or a2ent, before the Plannin2 Board authorizes a fmal approval. The Plannin2 Board shall, upon approval followin2 inspection, issue a letter of compliance to the owner or a2ent of record, the Buildin2 Department, and the Town En2ineer. ~280-132. Duration of plan. A. An approved site development plan shall be valid for a period of three years from the date of approval. All work proposed on the plan shall be completed within three years from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board, subject to the followin2limitations: Page 28 October 17, 2006 Town of Southold Board Meeting Minutes (I) Use or occupancv on the site shall not be permitted until such time as all work is completed in accord with the approved site plan and a certificate of occupancv is issued. (2) Use or occupancv on the site without all work completed in satisfaction of the approved site plan or. in the alternative. without express written permission of the Planninl!: Board. prior to such use or occupancv shall be a violation of this article and shall be subiect to such penalties as are set forth in &280-155 of this chapter. ~280-I47. Additional conditions and safeguards. In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. Anv condition or term imposed bv the Board of Appeals that is not complied with shall be a violation of this chapter and shall be subiect to such penalties as are set forth in &280-155 ofthis chapter. ~280-I55. Penalties for offenses. For each offense against any of the provisions ofthis chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of any Building Inspector shall, upon a first conviction thereof, be guilty of a ,..ielation, an offense punishable by a fine efnot exeeeeing ~ to exceed five thousand dollars ($5.000.) or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within -Hl-thirtv-six (36) months thereafter, such person shall be guilty of a violation punishable by a fine not 6Jl6eeeing $1,599 to exceed ten thousand dollars ($10.000) or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. VII. SEVERABILITY Page 29 October 17, 2006 Town of South old Board Meeting Minutes 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. VIII. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ./ Vote Record - Resolution REs..2006..sJ3 YeslAye NolNay Abstain Absent li'l Adopted Albert Krupski Jr. Voter li'l 0 0 0 0 Adopted as Amended William P. Edwards Voter li'l 0 0 0 0 Defeated Daniel C. Ross Voter li'l 0 0 0 0 Tabled Thomas H. Wickham Initiator li'l 0 0 0 0 Withdrnwn Louisa P. Evans Seconder li'l 0 0 0 Scott Russell Voter li'l 0 0 0 2006-834 CATEGORY: DEPARTMENT: Budget Modification Assessors ModifY the Whole Town General Fund 2006 Budget - Assessors RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2006 bud2et as follows: To: A1355.1.200.100 Board of Assessors Part Time Employees Regular Earnings $900.00 From: A 1355.4.500.400 Board of Assessors Fee for Service BOAR Stenographer $900.00 -/ Vote Record - Resolution RES-2006-834 Yes/Aye No/Nay Abstain Absent li'l Adopted Albert Krupski Jr. Initiator li'l 0 0 0 0 Adopted as Amended William P. Edwards Seconder li'l 0 0 0 0 Defeated Daniel C. Ross Voter li'l 0 0 0 0 Tabled Thomas H. Wickham Voter li'l 0 0 0 0 Withdrawn Louisa P. Evans Voter li'l 0 0 0 Scott Russell Voter li'l 0 0 0 Page 30 October 17, 2006 Town of Southold Board Meeting Minutes 2006-835 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorize and Direct Supervisor Scott Russell to Execute an Employment Contract Between Captain Martin Flatley and the Town of South old RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs SUDervisor Scott Russell to execute an emDlovment contract between CaDtain Martin Flatlev and the Town of Southold. subject to the approval of the Town Attorney. 01' Vote Reeord - Resolution RE8-Z006-835 Yes/Aye No/Nay Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Initiator iii 0 0 0 0 Defeated Daniel C. Ross Seconder iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdmwn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter iii 0 0 0 31. Statement SUPERVISOR RUSSELL: That concludes the meeting. Now, would anybody like to address the Town Board on any issue of mutual importance? Mr. Carlin? Mrs. Egan. MS. EGAN: 1 will try to be brief, the, nothing has been done on noise control? I doubt it will. Oh, when will there be another disaster meeting because that certainly one left an awful lot out? SUPERVISOR RUSSELL: The one that I had for the public up in Mattituck? The training meeting? Probably another couple of weeks. MS. EGAN: Yeah, okay. Good. The, last night, and oh, I will repeat myself and then Mr. Carlin can speak. You know, well you know about the water coming up and too much housing being built here and we are sinking but I can and I will say it again and again, for people who see things that are wrong, let the police know. Especially if there are children or minors involved. You can call the child protection agency. It is all in the back of your telephone book. I know I have called them, I know I saved a couple of children's lives. It is not easy but you have got to do it and people have to do it. If you don't, you are sending another child out to get drugs or get killed, so parents, take care of your children and if you see something WTong in someone else's home, you had better do something about it before it is too late. Thank you. SUPERVISOR RUSSELL: Thank you. Mr. Carlin? FRANK CARLIN: Before I start I would like to say, two people in this town so far, also there is a lot more, that is Karen McLaughlin doing a wonderful job over there. I know her well, I dealt with her more than once and Jim McMahon is doing a very good job on that project by my Page 31 October 17, 2006 Town of South old Board Meeting Minutes house. It looks good, nice new roof. I wasn't up here trying to find fault with that. It is beautiful and that is what we need more in this town, outside of a drive-tbru window for McDonald's. MS. EGAN: Oh, one more thing. SUPERVISOR RUSSELL: He has the floor now. MR. CARLIN: So it is good to see that the state is tightening up a little on your zoning code. I think your zoning code is a little bit too tight, especially with agriculture, greenhouses. I am going to be speaking in the future about farming and I am going to have to do that in two meetings because I remember farming when I was a boy back in 1940's, working on the farms. I know all about farming, I know how farming came along in years and how it went down starting in 1987 out here. So I will be covering that in the future. But what I want to speak on also tonight is back in 1959 our zoning code only had one page to it. And then in 1966 it went to six. And now it is over 200 pages, so you can see how much zoning come along with some of it in there you have to be more or less a Philadelphia lawyer to figure it out but anyway, you know, when it comes to agriculture we don't have that much left and when people mention about the future of farming, there is no more future of farming here. Farming is almost gone. Let's be honest with ourselves. We are being taken over by the wineries, nurseries and sod farms. But I will explain to you how this happened in the future. But what I wanted to speak on tonight is, I was mowing my lawn the other day. This car stopped in front of my house. A woman got out, walked over to me, she said 'Can you tell me where the King's highway is?' And I looked at here and I said, 'What do you mean, the King's highway?' She said that road that goes to the Orient Point ferry. I says, 'Ma'am, that is Route 25, New York State highway. That is not King's highway.' Well, that is what I was told it was. I said, 'Well, it is wrong, on the map is says Route 25' And it was on the map Route 25 for many years. The king who was the King's highway was named, that happened back in 1776 and I could prove it is a state highway. Because when it snows, you don't see no plow with a horse pulling it like it was back in the 1700's. What I see is a blue and yellow truck with an emblem on the door, with a big 7 on it, saying New York state. Well, who would ever tell you this is King's highway now is a lot of.. ..and the problem here is, when certain groups get involved with competition on wanting to prevent something happening here, like the sea jet, they will grasp anything they can to try to convince the public and I will give you an example. And I have to go back to this Board once in this Town Board with the McDonald's issue and the Burger King issue back in the mid 90's. Now, Tom Wickham will remember this, Louisa will remember this. They were on the Board. The environmentalists, the superstar Linda Fletcher took me on and she went for everything; smoke, traffic, lights, garbage, noise anything they could find but it never happened and it seems to me this is happening also on this sea jet project. The Route 25, where I live is Route 25. Route 48 is County and it will remain that way till the end of time. So let's stop this myth of coming up here and saying that is the King's highway now. It doesn't mean nothing. Can anybody tell me on this Board what a ferry would have on any environmental effect coming in here? What effect that is going to have? Because if it does, then we might say that Shelter Island is, Port Jefferson is or whatever. That is ludicrous. Poor excuse. I would never use that on a case. A water, they are not going for water, they just want a simple parking lot there so that Page 32 October 17, 2006 Town of South old Board Meeting Minutes they can park their cars there and get them off Route 25. Off the shoulder. They just wanted to be rezoned. They are not asking for $1,000,000. So what is the problem here? Are we gonna leave them cars parked there on the bicycle path there until I predict someday somebody is gonna run out there or a kid is gonna run out there and get hit by a car and then you are gonna blame it on the Cross Island ferry or the sea jet. I am taking on this project myself, too now, like I did McDonalds. Cause I don't like this going on here about traffic and stuff. We have traffic on 25, nobody has it more than I do. When I want to go leave my house to go west, it takes me quite a while to get out sometimes, so I am all for the sea jet and I am all for, for a lot of reasons, I am also for the ferry and I also fought for the senior citizens who love being taken sometimes to over to Foxwood's or Mohegan and to have a good time. One day. Live and let live. I keep saying this John Stankewicz said years ago, rest his soul in peace, if you don't like it out here, move out of here. That is the way it is. And I am on this project now, too. And I challenge anyone that wants to corne up here and debate me on it. Now, simple and not too long a question here, not too much time. The animal shelter, I got the new lay-out here, the print today. You are going out for bid now, I understand. Right? SUPERVISOR RUSSELL: Actually, they are in the prospect, they have 60 days, I believe, to draw up all of the bids documents so that we can ratify them and then go out to bid. MR. CARLIN: Alright. Then after you go out for bid, that will take a while before you get started, right? SUPERVISOR RUSSELL: Unfortunately, much longer than I would have hoped. MR. CARLIN: Because now, once again, like you did before it is corning up for the winter, it is going to slow you down from the weather. And you probably won't break anything or ground if this does go through again, it is the second time now until the spring. I only hope, you know, I know quite a bit about music and back in the 40's Vera Lynn made a recording on a 78 record called Auf Wiedersahn, when the boys were leaving home she made this recording called Auf Wiedersahn- we will meet again someday, and I just hope that this animal shelter isn't going to end up being like that. Because you know when you had a 78 record and the needle would get stuck in one of the grooves and it would go round and round and round and round, clickety-click, clickety-click. Well, that is what this animal shelter looks like it is doing to me, 20 years it is going around. Aufwiedersahn, aufwiedersahn, aufwiedersahn, aufwiedersahn. And in German that means good-bye. And I hope this isn't going to end up that way. So this is the second time now for a bid, of six plans that we had, let's hope we can continue on this and get it done but I am sure that we won't get this started before springtime, if everything goes normal here. Because I have seen it before go out for bid and it never did happen. But I am going to give you the benefit of the doubt that you will follow through on this this time and I can corne up and speak on something else next time. Oh, and I have a lot, lot but I can't do it today, I have a lot of food for thought questions here. Oh, I got a list of them here but I am going to cut it short. Thank you, ladies and gentlemen of the Board. SUPERVISOR RUSSELL: Thank you, Mr. Carlin. Mrs. Egan. Page 33 October 17, 2006 Town of South old Board Meeting Minutes MS. EGAN: Joan Egan, again. I also wanted to mention, our local newspapers did a very thorough job on the greenhouses and the farmers and all of that and I certainly hope that we will not spend a million dollars on legal fees to price that. I think Mr. Carlin addressed the fact that the Zoning Board may have to relax on a few things, maybe some changes but that was quite an eye opener about what is going on with our farmers and I couldn't agree more with Mr. Carlin that this nonsense about the Cross Sound ferry and the rezoning. Let them rezone it and let them park there. You are never, never going to get any place fighting a company as large as Cross Sound ferry and we are not making one dime because of those trips. You rezone it and let them do something like they do in Connecticut. I know I said it before, it is the only answer to it. I know some of those people in Orient and they only come here to address their thing and then they leave and they don't care about what the rest of the Town is doing. We don't have enough policemen to tag them, we don't have enough tow trucks to take them away. You have got to do something for everybody. Nighty-night. SUPERVISOR RUSSELL: Thank you. Nick? NICHOLAS TSOUNIS: Nicholas Tsounis, Mattituck, New York. Just one thing I would like to say. I think it is a good idea to have the work session recorded, you know for the Town to see, I don't think too many people would like to see it but do it like on odd hours, you know, don't do it like prime time like from 6 to 12 or 6 to 8 or something but maybe something like on the odd hours, maybe something like on an odd time wave there is like filler time, so people can see it. SUPERVISOR RUSSELL: Okay. Thank you, Nick. Would anybody else like to address the Town Board? (No response) Hearing none, can I get a motion to close? COUNCILMAN ROSS: There were two surplus vehicles that the Board claimed as surplus, a 2000 Crown Victoria and a 2001. If someone is interested in them, contact Lt. Sawicki at the police department. One is for viewing at Lou's Garage in Mattituck and the other is at the police station. VI. Public Hearinl!s 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and herebv is declared Recessed in order to hold a public hearinl!. RESULT: ADOPTED [UNANIMOUS) MOVER: Louisa P. Evans, Justice SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 2. Set October 17,2006 At 5:00 P.M., Southold Town Hall, 53095 Main Road, Southold New York 11971, As the Time and Place for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs COMMENTS - Current Meeting: Page 34 October 17, 2006 Town of South old Board Meeting Minutes COUNCILMAN WICKHAM: Citizen's Ideas Wanted On Community Development Program Announcement of Public Hearing In April, 2007 the Town of Southold expects to receive approximately $136,000.00 in Federal Community Development Block Grant Funds. These funds may be used, and have been previously used for a variety of projects to be selected by local officials. Eligible activities include: Acquisition and demolition of blighted property Housing rehabilitation Elimination of physical barriers for the handicapped Public facilities and improvements Street Reconstruction Code Enforcement Public Water projects Economic Development Public Services (limited to 15%) Town Residents are invited to attend this public hearing on Tuesdav. October 17.2006.5:00 P. M. in the evening at the Southold Town Hall, 53095 Main Road, Southold, New York, to express citizen views on local housing community development needs to be met with these funds. I have a letter from the North Fork Housing Alliance, addressed to James McMahon. 'Dear Mr. McMahon, Please be advised that our agency, the North Fork Housing Alliance is requesting a portion of the Community Development Block Grant Funds for 2007 and the projects are listed below: $50,000 for home improvement; $10,000 for North Fork Housing General support and $10,000 for housing counseling.' All of these are requests. 'Our agency greatly appreciates the administrative support received from the Town to assist in serving our clients. If you have any questions, please feel free to contact me.' I have a notice that this has appeared as a legal in the local newspaper, it has also appeared on the Town Clerk's bulletin board outside the door and I believe that that is all the communications I have on this. Well, I do have some, one additional comment. The legal notice also included the eligible activities for these $136,000 block grants. The eligible activities acquisition and demolition of blighted property, housing rehab, elimination of physical barriers for the handicapped, public facilities and improvements, street reconstruction, code enforcement, public water projects, economic development and limited to 15 % public services. And those are all the comments that I have in the file. SUPERVISOR RUSSELL: Would anybody like to come before the Town Board and address this particular public hearing? Mr. Carlin? FRANK CARLIN: Good afternoon, ladies and gentlemen of the Board. Frank Carlin, Laurel. I would like to suggest that we put some money from this funding to improving the senior citizen recreation center over there in Peconic Lane. That building is in bad shape, has been in bad shape for many years. And I feel that they should have some, something done about it and I Page 35 October 17,2006 Town of South old Board Meeting Minutes think some of this money should be put into that project. COUNCILMAN WICKHAM: Thank you. MR. CARLIN: Oh, no, 1 am not done yet. And Riverhead has a new one for their senior citizens. Southampton has a beautiful one. And it is a shame, ours is over there and needs so much repair done on it. I remember back in 1987 when Ray Dean was the Highway Supervisor and George Penny was on the Board. And at that time we were trying to build an animal shelter for $125,000 and they had a problem with the roof on that building over there, at that time it was falling apart and these seniors rely on that building over there. They don't have a bowling alley no more, you gave that up to CVS, which we needed in this Town like a hole in the head; you have two places in town to buy prescription now, Ekerdt and one in Love Lane, so I don't see why we can't take some of this money and do something about that building for these senior citizens. Now, you are probably gonna say it is not made for that but as far as what this notice said in the paper here today and I will give you two, three examples of it, like Tom just read off. Public facilities, public service and reconstruction. Well, that covers some of that. There is no reason why some that can't be used for some of that. It is a shame how you let that building go so far out of shape for these people. They don't, honest, you can't find the money anywheres along the line? I mean, you can go spend $2.5 million for the Camp Malloy property to have that facility that you have there now which don't get me wrong, it is beautiful. Laurel Lake preserve, beautiful. Jim is doing a wonderful job on it. I am not saying anything against it. But if you can find $2.5 million to buy that property from Camp Malloy and then put a new big roof up there which is a large roof and all that on there, you should be able to find some money along in your budget to give these senior citizens a decent place where they can go and enjoy. I understand you want to think about considering moving that to the old Peconic school, is that true? SUPERVISOR RUSSELL: I would like to acquire the Peconic school as a community center. MR. CARLIN: And what do you want to do with this one? Close it down? SUPERVISOR RUSSELL: That is going to be subject to a lot of discussion. A lot of people have a lot of ideas with it. MR. CARLIN: Well, I got a lot of ideas, too. You'd be jumping from the pan into the fire on that. Number one, it is too small. The auditorium is too small, it is no where near the size of the one that you have now. I don't understand what you are doing here. What do you people do on these work sessions? Have all these discussions but no decisions. What do you do there? I should suggest you televise them, let the people see what you do in them. Look out for the senior citizen in this town a little bit more than you do. They are fighting about taking the Cross Island ferry away, the Sea Jet. That is a little bit of recreation for them. You took the bowling alley away, we don't have no bowling alley here on the whole north fork, so consider if you can't have some money from this $136,000, find us some other place in the budget to put some money into the recreation center for the people. They live here too and they are tax payers. Thank you. SUPERVISOR RUSSELL: I think you are 100% right in everything that you said. That building Page 36 October 17, 2006 Town of Southold Board Meeting Minutes was built on the cheap years ago but 1 think one of the problems is it hadn't been well maintained historically. It is no fault of this Board or any other Board, it was just one of those things that should have been paid attention to a long time ago. Even humble buildings like that need regular maintenance and it hasn't gotten it over the years. And it is in deplorable condition. It is so bad, 1 didn't even want to have my inauguration there last year and that is saying something about what we are into in this community. You are exactly right. MR. CARLIN: (Inaudible) Well, what are youse waiting for? I mean, this reminds me of the animal shelter, you talked about it 20 years ago and you knew it was that way 20 years ago. What are you waiting for? SUPERVISOR RUSSELL: Well, 20 years ago I was in college but I agree with you. MR. CARLIN: I am not blaming you. Your hands are tied on this Board. Let's be honest, I know how politics run. SUPERVISOR RUSSELL: I think we are working well together and honestly, when you brought the animal shelter.. . MR. CARLIN: Inaudible SUPERVISOR RUSSELL: Well, we brought the animal shelter up, we did have I think a very good presentation on that today. I feel confident that we are working in the right direction finally. MR. CARLIN: Well, I want to get into that a little bit later on. SUPERVISOR RUSSELL: Okay. Fair enough. COUNCILMAN WICKHAM: I would like to just respond to the suggestion that the work session be televised. I think the public would really enjoy a sense of how the Town Board works ifit could observe and listen and find how the Town Board really comes to agreement on the key issues that we are dealing with. They do not learn that at these official Board meetings in the evening that are a recitation of the resolutions that we are adopting. They would get exactly what you suggested, Frank, if they had a clearer picture of how we operate during our work session. That is really the more important period of Board deliberations. SUPERVISOR RUSSELL: I would love the opportunity to broadcast the work sessions. If! can get the support of the Town Board of that, I think we should start doing that right away and I would ask this Town Board to be as candid in future Town Board sessions as they have been in the past. MR. CARLIN: You have nothing to hide. SUPERVISOR RUSSELL: Absolutely. Page 37 October 17, 2006 Town of South old Board Meeting Minutes COUNCILMAN KRUPSKI: We are open to the public, anyone is welcome to come down anyway. MR. CARLIN: Inaudible. Let's have a committee on it, let's get it on at the next work session get it done and discuss it and get it over with. Move in this town. COUNCILMAN ROSS: Mr. Carlin, today's work session went from 9:00 until 4:00. .. MR. CARLIN: Well, that is alright. COUNCILMAN ROSS: So it would be a long show but, you know... MR. CARLIN: Well, that is what you are a councilman for, you took the job. COUNCILMAN ROSS: Okay. COUNCILMAN EDWARDS: Well, I don't think Councilman Ross is objecting to the number of hours spent in the work session, his point is whether people will want to watch a television show that runs six hours long, that is all. MR. CARLIN: Well, if they don't want it, they don't have to look at it but give them the opportunity to look at it. COUNCILMAN EDWARDS: You are right about that, Frank. Hey, I ....Frank, it is a public meeting, anyone can attend. I would be glad to have them, I will support broadcasting along with the Supervisor. I don't have any problem with the meeting televised. COUNCILMAN ROSS: I have no problem. I have maintained that we should be using channel 22 to a greater degree rather than having the blue screen, I think the high schools should be using it. I encouraged Jim Grathwohl and his Historic Board to use it for info commercials. I would love to see channel 22 be used 24 hours a day. MR. CARLIN: It is supposed to be an educational channel, let's make it an educational channel. COUNCILMAN ROSS: You are right. MR. CARLIN: Louisa, what do you think about it? JUSTICE EVANS: 1 am willing if you find someone to film it, Frank. MR. CARLIN: And so does Tom Wickham, so what are we waiting for? The next Board meeting, put it on your resolutions. SUPERVISOR RUSSELL: We will try to make that happen and you tell those folks at CSI we Page 38 October 17, 2006 Town of Southold Board Meeting Minutes are coming for them. We are coming for them. MR. CARLIN: If you can't do it, 1 will be there, too. SUPERVISOR RUSSELL: Mrs. Egan. This is, just so you know, this is actually a hearing on the Community Preservation Block Grant money. JOAN EGAN: Well, it captions public hearing to hear citizen views on local housing and community development needs. . . SUPERVISOR RUSSELL: Yes. MS. EGAN: And 1 think Mr. Carlin addressed part of that. Incidentally, talking about channel 22, 1 was delighted and didn't know about it. There was something, a meeting on it last night that 1 had not seen before. Do you know which one 1 am talking about? SUPERVISOR RUSSELL: Was that the school board discussion? MS. EGAN: It could have been, 1 didn't listen to all of it but I had never seen that on before. It hadn't been running at any other time. It could have been very interesting. SUPERVISOR RUSSELL: Was it the wind turbine? Last night? Oh, okay. That was the meeting my Energy Committee ran. MS. EGAN: Yeah. Now, in addition to all of that, not only on public hearing and citizens views, we seem to have a problem with accuracy being reported in our local paper and 1 agree with a lot of the things that are said in it but some of the comments and statements made in it, especially about court. Things are not very accurate and doing a disservice to many people and families. Now, now, as far as the local housing, 1 came to almost all the meetings with regard to the Factory Avenue housing and from what little 1 could get on how people would be eligible for it, sounded to me as if you could be, they could be playing politics with that and 1 didn't, first off, 1 don't think it should have happened there because it is much too crowded there, 1 think you are going to have serious, serious parking problems. 1 think you are going to have accidents. It shouldn't happen but you went ahead and let it happen. Now, in addition, 1 just don't know whether that can be truly done honestly. You are going to have a problem there. Now, with housing and speculation as it is, it is also knowledge to me that a lot of these spectators put up houses and with the glut on the market and to get some money out of it, they are allowing a lot of iIlegals, sometimes 20-30 of them, to be in those buildings and that would mean, you know, more code enforcers to check it out and even if they apprehend the iIlegals in it, the Town, the State, the immigration will not come out for them and it is causing a very serious problem. So, 1, 1 think we have to be very careful on this public hearing but as far as that recreation center it is, when Supervisor Cochran was here, 1 reported many times bad situations there and 1 have reviewed those here before and as far as the purchasing the Malloy property, that caused some problems and 1 think you have to start appropriating money where it belongs. And certainly most of the buildings and most of the roads and most of the library's and most of the schools Page 39 October 17,2006 Town of Southold Board Meeting Minutes were all built by people who are now senior citizens and it is a shame, we are getting a raw deal. Thank you. SUPERVISOR RUSSELL: Thank you. Just one clarification on the rec center. Actually, we have a recreational director who is by and large, also a facilities manager of that facility. I talked to him, I have talked to him at length about including capital improvements that need to be made to that building. We have a lot of buildings in town and sometimes we rely on each department head to govern the use and the long-term maintenance of those buildings. Karen McLaughlin is a good example. She has one of the nicest buildings in town and that is because she watches it like a hawk, she goes out, she finds grant money. She is on the phone with Jim, she doesn't take no for an answer and I talked to my recreation director, who is a great man and a great recreation director but I talked to him about his need to be more of a facility manager and budget for those improvements that need to be done at the rec center. Every time a failing comes to us, we are mid-stream in a fiscal cycle and there is no money to make any repairs because no one asked for it last November. And that is part of the problem that we need to correct. But you are right about that building, both of you. Would anybody else like to comment on this particular public hearing? COUNCILMAN WICKHAM: Scott, I would just like to make a comment myself. I hope that the, as a Board member and as a resident of the Town and our Community Development director sort of coordinates all of this, so I will speak to him. I hope that our Community Development Block Grant can honor the request of the North Fork Housing Alliance and I also hope that the bulk of it can be made use for housing needs for people who really need it in this town but if there is any money left over, I noticed that one of the categories is demolition and we will be needing a significant demolition fund to take care of the remains of the old animal shelter as we build a new one. And maybe we could consider allocating some funds for that purpose. SUPERVISOR RUSSELL: Okay, if there is nobody else that wants to comment, can I get a motion to close this hearing? RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 3. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:52 P.M. . . . . . I'A~Ai1J O. /)0";#;'" ~~eville'~ Southold Town Clerk Page 40 October 17, 2006 Town of South old Board Meeting Minutes RESULT: ADOPTED [UNANIMOUS) MOVER: Scott Russell, Supervisor SECONDER: William P. Edwards, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Page 41