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HomeMy WebLinkAboutTB-01/15/2008ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES January 15, 2008 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, January 15, 2008 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. I. Reports 1. Town Clerk Monthly Report December 2007 2. Dept of Public Works Monthly Reports December 2007 3. Justice Court Monthly Report - Bruer December 2007 4. Town Clerk 2007 3Rd Quarter Report 5. Town Clerk 2007 4Th Quarter Report 6. Town Clerk 2Nd Half Report 7. Program for the Disabled December 2007 8. Board of Trustees December 2007 9. Judge Evans January 15, 2008 Page 2 Minutes Southold Town Board Meeting December 2007 II. Public Notices 1. NYS Liquor License Renewal Knights of Columbus 2. NYSDEC Notice of Complete Application Voegel 3. Application to Army Corp of Engineers Richard & Pamela Johnson, 7617 Soundview Ave, Southold to install a hinged ramp, fixed pier, and floating dock III. Communications IV. Discussion 1. 9:00 Am - Jim McMahon and Contractor Peconic Recreation Center 2. 9:30 Am - Melissa Spiro Year End Report 3. 10:00 Am - Phillip Beltz, Kieran Corcoran Workplace Violence Prevention Plan 4. Mattituck Park District Request for funding 5. Mooring Code 6. Reform of State Statute of Limitations for Child Sex Abuse 7. Intern II Position In Justict Court 8. Set Salary for Senior Planner 9. LWRP Issue per Councilman Krupski 10. Time Management Policy January 15, 2008 Page 3 Minutes Southold Town Board Meeting 11. Santorini Water Map 12. Department of Environmental Resources - Scope 13. 12:00 Noon - Executive Session - Melissa Spiro Property Acquisition 14. Executive Session Litigation - per Town Attorney 15. Executive Session CSEA Contract 16. Executive Session Attorney-Client Privilege 17. Executive Session Disciplinary Action 18. Executive Session Supervisor’s & TA’s Office Employment Call to Order 4:30 PM Meeting called to order on January 15, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived William Ruland Town of Southold Councilman Present Vincent Orlando Town of Southold Councilman Present Albert Krupski Jr. Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Absent Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Patricia A. Finnegan Town of Southold Town Attorney Present Pledge to Flag Opening Statements Supervisor Scott Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Would anybody like to come before the Town Board and address any issue as it appears on the agenda? January 15, 2008 Page 4 Minutes Southold Town Board Meeting Joan Egan, East Marion JOAN EGAN: Joan Egan, East Marion. First time I have been here in a while, so I will take the opportunity for those that are here and those who watch to wish you all a very happy and blessed new year. I will also take the opportunity to welcome and congratulate those who came newly aboard and were newly elected. Thank god we have got a nice Town Board. Okay. I didn’t have the time to look it all over because it got here late and it got changed. I was glad to see that you negotiated those contracts with the union, thank god that is under our belt. Oh, okay, now this will be for number 96 and I think it is also another one, this is the, accept the bid of Burt’s Reliable and of course we couldn’t do that when John was on the Board but how many bids were submitted for both the diesel and regular oil? Hello? SUPERVISOR RUSSELL: Sorry. I would guess around five or six. I can get the specific bids and the amounts if you want tomorrow. MS. EGAN: No, no. As long as you got a good representation of the bids. What is 97 about? SUPERVISOR RUSSELL: That is just, that is part of the Community Block Grant money. We actually assign that money every January for the following year, when some of the money isn’t used, for whatever purpose, we have to pass a resolution to re-appropriate the money. The home improvement program is money that we use to help people update their homes, for handicap accessibility, people who are below a certain income limit might qualify for an addition on their home… MS. EGAN: How would they make application for this? SUPERVISOR RUSSELL: You make application, generally the North Fork Housing Alliance would and then we would, you know, appropriate the money for the expenditure. MS. EGAN: Yeah. Okay. Well, as I said 101 is the same. You have got a number of bids for the diesel and Burt’s Reliable was chosen again. What is 104 about? SUPERVISOR RUSSELL: Okay, that is actually a, it has to do with a code enforcement issue. We had litigated a code enforcement case for illegal clearing of a coastal area. We won in a Town court, in another jurisdiction; we lost on appeal. What this would do is engage special counsel to appeal that ruling. MS. EGAN: Oh, okay. SUPERVISOR RUSSELL: The idea is to enforce our Town code. MS. EGAN: Okay. Now, this I am delighted about and I don’t know how you got at it, it doesn’t, the number is 106. SUPERVISOR RUSSELL: This is a sense resolution from this Board endorsing a state law proposed by Assemblyman Alessi and I believe co-sponsored by Senator Ken LaValle that January 15, 2008 Page 5 Minutes Southold Town Board Meeting would eliminate statutes of limitations for crimes against children. MS. EGAN: Good. SUPERVISOR RUSSELL: I have the text of the law, it certainly seems to be something that is long overdue. MS. EGAN: Absolutely. You have a, somebody on 107, you have somebody, an intern, which is good. You don’t have to pay them quite as much but I certainly would hope and I have said this before that especially the new Town Hall people Board meeting, that you go look at that little court room back there. It is horrible, the conditions they have to work under. The lighting is not that good, the carpeting is just about torn to pieces and god help us if anybody gets into that building so, trot yourself back there and see what it is like. See if we can do something for them. That is as far as I have got, okay. I will probably have something to say later. SUPERVISOR RUSSELL: Okay. Thank you. Would anybody else like to address the Town Board on any items as they appear on the agenda? (No response) Okay, let’s move forward. V. Resolutions 2008-83 CATEGORY: Audit DEPARTMENT: Accounting Approve Audit 1/15/08 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby January 15, 2008. Vote Record - Resolution RES-2008-83 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?????????? Tabled Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-84 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 1/29/08 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, January 29, 2008 at the Southold Town Hall, Southold, New York at 7:30 P. M.. January 15, 2008 Page 6 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2008-84 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?????????? Tabled Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-85 CATEGORY: Employment - Town DEPARTMENT: Police Dept Hire Traffic Control Officer for Coverage During a Medical Leave - Police RESOLVEDappoints Matthew Rolle as that the Town Board of the Town of Southold hereby a Traffic Control Officer for the extent of time needed for the medical leave/recovery period of Jeffrey R. Weingart at a salary of $14.14 per hour commencing Thursday, January 3, 2008. Vote Record - Resolution RES-2008-85 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Initiator ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-86 CATEGORY: Authorize to Bid DEPARTMENT: Highway Department Reject Bids and Re-Bis WHEREAS the Town of Southold received no bids for leaf bags for the Southold Town Transfer Station, and WHEREAS the Town Board of the Town of Southold hereby rejects any and all bids for bulk sand for ice control, now therefor be it RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby January 15, 2008 Page 7 Minutes Southold Town Board Meeting Southold Town Clerk to re-advertise to bid for the Bulk Sand and Leaf Bags. Vote Record - Resolution RES-2008-86 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Initiator ?? Defeated ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-87 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway RESOLVED modifies the 2007 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: To: DB.5110.4.400.500 General Repairs, C.E. Contracted Services Drainage Easements $ 8,500.00 From: DB.5110.4.100.960 General Repairs, C.E. Supplies & Materials Drain Pipe/Rings/Covers $ 8,500.00 Vote Record - Resolution RES-2008-87 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?????????? Tabled Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-88 CATEGORY: Authorize to Bid DEPARTMENT: Public Works DPW SUV Bid RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for a new 2007/2008 Sports Utility Vehicle, for use by the Department of Public Works. January 15, 2008 Page 8 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2008-88 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland ?? Adopted as Amended ???????? Vincent Orlando ?? Defeated ?????????? Tabled Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell 2008-89 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification -- Media Traq High Speed Service RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $ 600.00 To: A.1680.4.200.300 Internet Service $ 600.00 Vote Record - Resolution RES-2008-89 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?????????? Tabled Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-90 CATEGORY: Budget Modification DEPARTMENT: Town Attorney Budget Modification Town Attorney RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1420.4.600.200 Town Attorney, Meetings & Seminars $2,239.16 January 15, 2008 Page 9 Minutes Southold Town Board Meeting To: A.1420.4.100.100 Town Attorney, Office Supplies $264.02 A.1420.4.600.600 Town Attorney, Dues & Subscriptions $1,914.09 A.1420.4.600.700 Town Attorney, Licenses & Permits $61.05 Vote Record - Resolution RES-2008-90 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Initiator ?? Adopted as Amended ???????? Vincent Orlando Seconder ?? Defeated ?????????? Tabled Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-91 CATEGORY: Employment - Town DEPARTMENT: Accounting Part Time Hourly Rates Non-Union RESOLVED that the Town Board of the Town of Southold hereby establishes the following part-time hourly rates for Non-CSEA Titles: 2008 2009 2010 Seasonal Police Officer 18.54 19.24 19.96 Traffic Control Office 14.67 15.22 15.79 st Crossing Guard –1 Rate 34.29 35.58 36.91 nd Crossing Guard – 2 Rate 45.09 46.78 48.53 Recreation Specialist 14.83 15.38 15.96 Student Intern 11.69 12.13 12.59 Vote Record - Resolution RES-2008-91 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Initiator ?? Defeated ?????????? Tabled Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter January 15, 2008 Page 10 Minutes Southold Town Board Meeting 2008-92 CATEGORY: L W R P DEPARTMENT: Public Works LWRP Seminar RESOLVED grants permission to James that the Town Board of the Town of Southold hereby Richter to attend a mandatory grant seminar on Using the Adopted LWRP, Sessions A & B, in Albany, NY, on February 6, 2008. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2008 budget (meetings and seminars). Vote Record - Resolution RES-2008-92 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?????????? Tabled Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-93 CATEGORY: Authorize to Bid DEPARTMENT: Public Works New Suffolk Drainage Project RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the New Suffolk Drainage Improvement Project, all in accordance with the plans and specifications provided by L. K. McLean Associates, P.C. Vote Record - Resolution RES-2008-93 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?????????? Tabled Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-94 CATEGORY: Bid Acceptance DEPARTMENT: Human Resource Center Accept 2008 Milk Bid January 15, 2008 Page 11 Minutes Southold Town Board Meeting RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Arshamomaque Dairy Farm, Inc. to supply the Senior Nutrition Programs with milk option ¢ #1 at a rate of .25 per ½ pint for the calendar year 2008, all in accordance with the Town Attorney. Vote Record - Resolution RES-2008-94 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Initiator ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?????????? Tabled Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-95 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Aquatic Invasive Species Eradication Grant RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to file an application for funds from the Aquatic Invasive Species Eradication Grant Program in an amount not to exceed $30,000.00, and upon approval of said request to enter into and execute a State Assistance Contract with the New York State Department of Environmental Conservation for such financial assistance to the Town of Southold for eradication of 3.6 acres of phragmites from Pipes Cove, and further, to carry out and comply with the terms of such project agreement. Vote Record - Resolution RES-2008-95 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Initiator ?? Defeated ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-96 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept the Bid of Burt’s Reliable to Supply the Town with #2 Fuel Oil January 15, 2008 Page 12 Minutes Southold Town Board Meeting RESOLVED accepts the bid of Burt’s Reliable to that the Town Board of the Town of Southold hereby supply the town with #2 Fuel Oil in the amount of 14.5¢ above Northville Industries consumer rack wholesale price on date of delivery, all in accordance with the Town Attorney. Vote Record - Resolution RES-2008-96 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Seconder ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?????????? Tabled Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-97 CATEGORY: Budget Modification DEPARTMENT: Community Development CDBG Budget Modifications RESOLVEDmodifies the Community that the Town Board of the Town of Southold hereby Development Block Grant Budget(s) effective December 31, 2007 as follows: Year 2001 From: Rental Rehabilitation Program $ 20,000 To: Home Improvement Program $ 20,000 Year 2004 From: Oysterponds Park $ 20,000 To: Home Improvement Program $ 20,000 Year 20 05 From: First Time Homebuyers Program $ 61,500 To: Home Improvement Program $ 61,500 Year 2006 From: First Time Homebuyers Program $ 43,380 To: Home Improvement Program $ 43,380 Vote Record - Resolution RES-2008-97 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?????????? Tabled Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter January 15, 2008 Page 13 Minutes Southold Town Board Meeting 2008-98 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Engage Albrecht, Viggiano, Zureck & Co. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott Russell to execute an engagement letter with Albrecht, Viggiano, Zureck and Company, P.C. in connection with the Single Audit of the Town of Southold and for the audit of the Southold Town Justice Court as required by the New York State Office of Court Administration, both audits for the year ended December 31, 2007 and in an total amount not to exceed $65,000 which shall be a legal charge to the General Fund Whole Town Independent Auditing and Accounting Budget (A.1320.4.500.300), all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2008-98 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Initiator ?? Adopted as Amended ???????? Vincent Orlando Seconder ?? Defeated ?????????? Tabled Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-99 CATEGORY: Budget Modification DEPARTMENT: Town Clerk 2007 Budget Modification - Highway RESOLVED modifies the 2007 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: To: DB.5110.4.100.200 General Repairs $16,133.81 Contractual Expense Supplies & Materials Fuel/Lubricants January 15, 2008 Page 14 Minutes Southold Town Board Meeting DB.5110.4.100.905 General Repairs $ 565.40 Contractual Expense Supplies & Materials Asphalt Patch DB.5140.4.200.100 Brush & Weeds/Miscellaneous $ 800.00 Contractual Expense Utilities Telephone/Cellular Phones DB.5140.4.600.600 Brush & Weeds/Miscellaneous $ 390.00 Contractual Expense Miscellaneous Dues & Subscriptions DB.5142.4.100.920 Snow Removal $ 5,905.20 Contractual Expense Supplies & Materials Sand DB.5142.4.100.935 Snow Removal $16,129.29 Contractual Expense Supplies & Materials Rock Salt DB.5142.4.100.975 Snow Removal $ 2,500.00 Contractual Expense Supplies & Materials Plow Blades, Shoes, Wheels TOTAL $42,423.70 From: DB.5110.4.100.900 General Repairs $15,549.80 Contractual Expense Supplies & Materials Resurfacing Projects DB.5110.4.100.100 General Repairs $ 1,149.41 Contractual Expense Supplies & Materials Miscellaneous Supplies DB.5140.4.600.700 Brush & Weeds/Miscellaneous $ 800.00 Contractual Expense Miscellaneous January 15, 2008 Page 15 Minutes Southold Town Board Meeting Licenses DB.5140.4.600.300 Brush & Weeds/Miscellaneous $ 390.00 Contractual Expense Miscellaneous Travel DB.5142.1.100.100 Snow Removal $ 8,405.20 Personal Services Full Time Employees Regular Earnings DB.5130.2.300.100 Machinery $16,129.29 Equipment & Capital Outlay Motor Vehicles Light Duty Vehicles TOTAL $42,423.70 Vote Record - Resolution RES-2008-99 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Initiator ?? Defeated ?????????? Tabled Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-100 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Accept Bid Scrap Tire Removal RESOLVED accepts the OPTION 1 bid that the Town Board of the Town of Southold hereby of Pegasus Worldwide LLC to remove waste tires from the Cutchogue Transfer Station for calendar year 2008 in the amount of $ 1,400.00 per trailer load, all in accordance with the Town Attorney. Vote Record - Resolution RES-2008-100 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?????????? Tabled Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter January 15, 2008 Page 16 Minutes Southold Town Board Meeting 2008-101 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Accept Bid Bio-Diesel RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Burt’s Reliable to supply the Town with B20 Bio-Diesel Fuel in the amount of $0.20 per gallon over the Northville Rack Price, all in accordance with the Town Attorney. Vote Record - Resolution RES-2008-101 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-102 CATEGORY: Committee Appointment DEPARTMENT: Human Resource Center Appoint Members Comm for Health Issues RESOLVEDappoints the following that the Town Board of the Town of Southold hereby members to the Committee for Health Issues and Services for Seniors as recommended by Karen McLaughlin, Chairperson: Anthony Bennardo , M.D., P.C., Internist, Medical Director Peconic Landing and John J. Foley Skilled Nursing Facility Jay P. Slotkin, M.D., M.P.H., Geriatrician, Medical Director of San Simeon By the Sound Paul Connor , CEO Eastern Long Island Hospital Holly Rhodes-Teague , Director of the Suffolk County Office for the Aging Mary Ann Malack Ragona , Executive Director, Long Island Alzheimer’s Association Juliet Frodella , M.S.LMHC, Director of the NYS Office of Mental Health Physical/Mental Health Integration Project - South Oaks & ELIH Hospitals Kristie Golden, PhD., Director of Grants & Research, Long Island Home /South Oaks Hospital/ January 15, 2008 Page 17 Minutes Southold Town Board Meeting Broadlawn Manor Jacqueline Martinez , MSW, Senior Citizens Center Manager, Southold Town Jean DeLorme , B.S., Southold Town Senior Adult Day Care Program Katinka House Phyllis Markopolous , MSW, Caseworker, Southold Town Human Services Howard Jewitt , Southold Senior Citizens Site Council Representative Coleen Merlo , MSW, Executive Director of the Mental Association of Suffolk County Inc. Vote Record - Resolution RES-2008-102 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Initiator ?? Adopted as Amended ???????? Vincent Orlando Seconder ?? Defeated ?????????? Tabled Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-103 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Sandra Berliner to the Temporary Position of Secretary to the Supervisor RESOLVEDappoints Sandra Berliner to the that Supervisor Scott A. Russell hereby temporary position of Secretary to the Supervisor for the coverage during a medical leave, $52,714.00 effective January 16, 2008, at an annual rate of Vote Record - Resolution RES-2008-103 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Initiator ?? Defeated ?????????? Tabled Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-104 CATEGORY: Litigation DEPARTMENT: Town Attorney Retain Frank Isler In Edson Litigation RESOLVEDretains Frank A. Isler as that the Town Board of the Town of Southold hereby Special Counsel in the matter of the Town of Southold v. Lewis Edson , January 15, 2008 Page 18 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2008-104 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?????????? Tabled Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-105 CATEGORY: Legislation DEPARTMENT: Town Attorney Authorize and Direct the Town Attorney to Seek a Confirming Act of the State Legislature Regarding the Formation of the Fishers Island Sewer District. RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Attorney to seek a confirming Act of the State Legislature regarding the formation of the Fishers Island Sewer District . Vote Record - Resolution RES-2008-105 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Seconder ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?????????? Tabled Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-106 CATEGORY: Support Resolution DEPARTMENT: Town Clerk Join the NY Coalition to Protect Children In Supporting and Urging the Prompt Passage, Without Amendments, of the Reform of the Statute of Limitations for Child Sex Abuse and Grant Permission to the NY Coalition to Protect Children to Use This Endorsement In Public Announcements. RESOLVED that the Town Board of the Town of Southold hereby recognizes that because sex crimes against children are the damaging to the most vulnerable in our society and the predators Join the NY Coalition to should not be permitted to roam freely after a limited time, we: (1) Protect Children in supporting and urging the prompt passage, without amendments, of the Reform of the Statute of Limitations for Child Sex Abuse in the New York State Senate (S4614A), and the Bill already having passed nearly unanimously with bi-partisan support in the Grant permission to the NY Coalition to Protect Children to use this Assembly; and (2) January 15, 2008 Page 19 Minutes Southold Town Board Meeting endorsement in public announcements . Vote Record - Resolution RES-2008-106 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Initiator ?? Adopted as Amended ???????? Vincent Orlando Seconder ?? Defeated ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-107 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Justice Court Hire Intern II RESOLVEDappoints Alanna Tynan to that the Town Board of the Town of Southold hereby the position of a Intern II for the Justice Court , effective January 22, 2008, at a rate of $11.69 per hour. Vote Record - Resolution RES-2008-107 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Initiator ?? Defeated ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-108 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Retain Miller Environmental/Soil Samples RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to retain the services of Miller Environmental Group, Inc., provider of the low competitive quote for the taking and analysis of soil samples in connection with the proposed acquisition of the Peconic School . January 15, 2008 Page 20 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2008-108 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Seconder ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-109 CATEGORY: Budget Modification DEPARTMENT: Accounting Re-appropriate Park & Playground Funds RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2008 budget as follows: To: Revenues: A.2025.00 Special Recreation Facilities Park & Playground $100,000.00 Appropriations: A.1620.2.500.650 Mattituck Park District Project Aldrich Lane Field $100,000.00 Vote Record - Resolution RES-2008-109 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?????????? Tabled Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-110 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Approve and Ratify the Terms of the Agreement with the Civil Service Employees Association Dated December 27, 2007 Whereas , the Town and the Civil Service Employees Association negotiating teams have reached a tentative agreement dated December 27 , 2007 regarding the terms of a successor collective negotiations agreement to the one that expired on December 31 , 2007 ; it is hereby January 15, 2008 Page 21 Minutes Southold Town Board Meeting RESOLVEDapproves and ratifies the terms of the Agreement with the that the Town Board Civil Service Employees Association dated December 27, 2007 and authorizes the appropriation and/or expenditure of the funds necessary to implement the terms of said agreement. Vote Record - Resolution RES-2008-110 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Initiator ?? Adopted as Amended ???????? Vincent Orlando Seconder ?? Defeated ?????????? Tabled Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-111 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Amends Resolution 2008-52 to Correct ATA Hulse’s Hourly Rate RESOLVEDamends resolution 2008-52 that the Town Board of the Town of Southold hereby as follows: RESOLVED that the Town Board of the Town of Southold hereby sets the following hourly salaries for the following appointed officials or employees effective January 1, 2008 through December 31, 2008: $50.00 Assistant Town Attorney Lori Hulse 48.24 hourly Vote Record - Resolution RES-2008-111 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Initiator ?? Defeated ?????????? Tabled Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-112 CATEGORY: Policies DEPARTMENT: Town Attorney Adopt the “Time Management System Policy” January 15, 2008 Page 22 Minutes Southold Town Board Meeting WHEREAS the Town of Southold has implemented a time-management system in order to automate the payroll process, eliminate unnecessary paperwork, and provide for greater accuracy and consistency across departments; and it is therefore RESOLVEDadopts the "Time Management that the Town Board of the Town of Southold System Policy" set forth below, which dictates policy and procedures relating to the implementation and use of the Time Management System. Time Management System The Town of Southold has implemented a time-management system in order to automate the payroll process and eliminate unnecessary paperwork. Currently, each department records employee time using a wide variety of reporting mechanisms ranging from Microsoft Excel worksheets to time clocks to hand-written pieces of paper. The goals and objectives of the new system are to facilitate standardization, accuracy, consistency and uniformity across departments. Phase I Implementation includes employees working at the following locations: ?? Town Hall ?? Town Hall Annex ?? Human Resource Center ?? Recreation Center Below is a summary of the Town’s policies and procedures relating to implementation of the Time Management System: Punching In/Out: Employees must punch only themselves in. All employees must punch in upon arrival at and departure from their respective work sites (unless otherwise exempted by the Town Board.) Employees may use the touch ID terminals or log onto their computers and sign in through the January 15, 2008 Page 23 Minutes Southold Town Board Meeting software application. There shall be no sharing of passwords. Rounding: Employees punching in up to seven (7) minutes before their normal work hours will have their time automatically rounded up to their regular starting time. For example, if an employee is scheduled to work from 8 a.m. to 4 p.m. and punches in at 7:53 a.m., Kronos will round the time up to 8:00 a.m. Early Punches: Employees arriving more than seven (7) minutes before their scheduled workday may not clock in early and may not commence working without prior approval by the department head. Mandatory Lunch Break Deductions: In most instances, full-time employees who are entitled to a lunch break are not required to punch in and out during their lunch periods, as the time-management system automatically deducts thirty- (30) or sixty- (60) minutes from the employee’s shift totals for the day for lunch breaks. With prior approval, the Department Head may allow a full-time employee who is entitled to a lunch break to work through all or part of his or her lunch period. The employee may receive compensatory time for time worked during the lunch period to the extent that it results in an entitlement to compensatory time under the relevant union contract. Part-time employees who are entitled to a lunch break are required to punch out and punch back in for their lunch breaks. Unexcused and Excused Absences: Unexcused absences, including late starting times or early quitting times, shall not be considered hours worked for pay purposes. Department heads are responsible for entering appropriate pay codes for employees taking time off. January 15, 2008 Page 24 Minutes Southold Town Board Meeting Approvals: It is the department head’s responsibility to authorize and approve all overtime worked by an employee during the pay period. At the end of a pay period, the department heads must approve and sign off on each employee’s timecard in order for an employee to be paid. Vote Record - Resolution RES-2008-112 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Seconder ?? Defeated ?????????? Tabled Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-113 CATEGORY: Bond DEPARTMENT: Town Attorney Bond Resolution Authorizing the Acquisition of a Dump Truck At the Estimated Maximum Cost of $110,000 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JANUARY 15, 2008, AUTHORIZING THE ACQUISITION OF A DUMP TRUCK AT THE ESTIMATED MAXIMUM COST OF $110,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $110,000 TO FINANCE SUCH APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the “Town”), is hereby authorized to acquire a dump truck. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $110,000 and said amount is hereby appropriated therefor. The plan of financing January 15, 2008 Page 25 Minutes Southold Town Board Meeting includes the issuance of bonds of the Town in the principal amount of $110,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $110,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the purpose for which said $110,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 28. of the Law, is fifteen (15) years; however, the bonds authorized pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized, or for expenditures made on or prior to such date if a prior declaration of intent has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in January 15, 2008 Page 26 Minutes Southold Town Board Meeting anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes, and Sections 50.00 and 56.00 to 60.00 of the Law, the powers and duties of the Board of Trustees relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in “THE SUFFOLK TIMES,” a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. January 15, 2008 Page 27 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2008-113 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Voter ?? Adopted as Amended ???????? Vincent Orlando Seconder ?? Defeated ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2008-114 CATEGORY: Bond DEPARTMENT: Town Attorney Bond Resolution to Increase the Maximum Amount of the Cost of the Improvements to the Peconic Recreation Center RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JANUARY 15, 2008, AMENDING THE BOND RESOLUTION ADOPTED NOVEMBER 21, 2006 Recitals WHEREAS, the Town Board of the Town of Southold, in the County of Suffolk, New York, has heretofore duly authorized the construction of improvements to the Peconic Recreation Center, at the estimated maximum cost of $200,000, which amount was appropriated therefor pursuant to the bond resolution adopted by said Town Board on November 21, 2006; and WHEREAS, the estimated maximum cost of said project, including preliminary costs and costs incidental thereto and the financing thereof, has now been determined to be $272,000, and it is necessary and in the public interest to increase the appropriation for such project by $72,000 and to amend said bond resolution to authorize the issuance of bonds in the principal amount of $272,000; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS: Section (A) The bond resolution of the Town of Southold duly adopted by the Town Board on November 21, 2006, entitled: January 15, 2008 Page 28 Minutes Southold Town Board Meeting “Bond Resolution of the Town of Southold, New York, adopted November 21, 2006, authorizing the construction of improvements to the Peconic Recreation Center; stating the estimated maximum cost thereof is $200,000; appropriating said amount therefor; and authorizing the issuance of $200,000 bonds of said Town to finance said appropriation,” is hereby amended to read as follows: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED NOVEMBER 21, 2006 AND AMENDED JANUARY 15, 2008, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO THE PECONIC RECREATION CENTER; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $272,000; APPROPRIATING SAID AMOUNT THEREFOR; AND AUTHORIZING THE ISSUANCE OF $272,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the “Town”), is hereby authorized to construct improvements to the Peconic Recreation Center. The estimated maximum cost of said object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $272,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $272,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of not to exceed $272,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance January 15, 2008 Page 29 Minutes Southold Town Board Meeting Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 12 of the Law, is in excess of five (5) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 (“SEQRA”) has heretofore determined that the project described herein is a Type II action pursuant to SEQRA and no further action is required under SEQRA. (d) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the January 15, 2008 Page 30 Minutes Southold Town Board Meeting Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in “THE SUFFOLK TIMES,” a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. January 15, 2008 Page 31 Minutes Southold Town Board Meeting Section (B) The amendment of the bond resolution set forth in Section (A) of this resolution, shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said bond resolution, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as so amended. Vote Record - Resolution RES-2008-114 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? William Ruland Initiator ?? Adopted as Amended ???????? Vincent Orlando Voter ?? Defeated ?????????? Tabled Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter 33. Closing Statements Supervisor Scott Russell SUPERVISOR RUSSELL: Okay, that concludes the resolutions. Would anybody like to come up and address the Town Board on any issue? Joan Egan, East Marion MS. EGAN: Joan Egan, East Marion. I spoke to a couple of people and including Mr. Orlando before the meeting and I think what we need is a grant (inaudible). We need a lot of things, we need to get some of these things done without hiring somebody to get us some grants. Some of your predecessors, as I told you, did a pretty good job in getting us some grants. I don’t know whether they would help you in your search of how you do it but if not I am sure the Supervisor or maybe the legal department would point you in the right direction. So I think that would be a good idea for new Board members and older ones also to look into. Okay? When do you all go into the city to spend our money? th JUSTICE EVANS: February 17. thth SUPERVISOR RUSSELL: The 17 through the 19. MS. EGAN: When? thth SUPERVISOR RUSSELL: February 17 through the 19. MS. EGAN: Uh huh. And do you know at this time how many you will have or is that still up in the air? SUPERVISOR RUSSELL: Confirmations will go through the Town Clerk. I don’t know if you have the number here? January 15, 2008 Page 32 Minutes Southold Town Board Meeting TOWN CLERK NEVILLE: Off the top of my head, I believe it is 28 or 29. MS. EGAN: Pardon? SUPERVISOR RUSSELL: 28 or 29 confirmations so far. MS. EGAN: Well, as you have probably read in my letter, I certainly hope you will come back with enough info that will save us money, at least make up for the expense of the trip. I was rather, I don’t know whether to use the word astounded but pretty close to it, to see the, some of the salaries and the perks especially to the Planning Department. I truly feel that a lot of these departments duplicate each other. I certainly feel that the head of the Planning Department, as opposed to the Town Supervisor, that she is making what? $94,000-$95,000? And I think that should be looked at very carefully. I think you are spending too much money there, you have the Building Department and you have this department and that department and it is something that is bothering people that they truly feel that the Planning Board, Department, whatever, has done a terrible job. Now, again, we have hopefully we will be able to get some money for a code enforcer. I will repeat myself and I am glad I do, stay off those cell phones when you are driving. Mr. King even said to me the other day, thank god you caught me before I got into an accident. Again with the children, the back of your telephone books. Nobody uses telephone books anymore but they are great. It is almost like a library there. It gives the child protection number, it gives you all of your state numbers, it gives you all of your federal numbers. It is a wealth of information. And you should use it when necessary. And I think that is it for now. Thank you very much. SUPERVISOR RUSSELL: I would also point out that telephone books give me a welt when my wife whacks me with them right here. MS. EGAN: I am strong enough to rip it in half. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? Benja? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Not really but I will. I am Benja Schwartz, I was sorry to see that Wickham is not here this evening. But I am glad you all showed up and happy new year. Welcome to our new members there on the end. First I would just like to ask what is going on with the animal shelter? I guess there are a couple of issues there, there’s the building and the contract. I don’t see anything on the agenda, I haven’t heard anything from the Town. It would be nice if we didn’t have to ask, if we could just… SUPERVISOR RUSSELL: Specifically what? The construction schedule? We just actually had a construction meeting yesterday and we have all the ground and everything… MR. SCHWARTZ: They had a meeting there? The Town Board did? January 15, 2008 Page 33 Minutes Southold Town Board Meeting COUNCILMAN ORLANDO: Jamie Richter had a meeting there. A progress report, progress schedule construction meeting there. I didn’t make the meeting but I conferred with him and he said they are on schedule. SUPERVISOR RUSSELL: The cement blocks should be delivered by now and they should be, I figure you will probably see cement walls going up probably sometime in March. They generally don’t do any cement work or block work this time of year. Even though the weather has been balmy, you can’t count on that. MR. SCHWARTZ: We are real excited and we are hoping that that will happen, you know, as soon as possible. They are very limited in storage space over there. They have been asking me to store things in my garage and that is not a good idea. What about the contract? SUPERVISOR RUSSELL: The contract is, actually there has been some give and take there, we did have a little bit of a blip there. Councilman Ross had been shepherding the contract for the Town Board, with his leaving the Town Board, I have sort of taken that over. We actually have, a little bit of, the only issue left outstanding is the time frame on the contract. We have a Town Board here that wants to offer a certain time frame that the animal shelter just got back to me, let me know that that is unacceptable. I will convey that to the Town Board and see if we can resolve that. But I think it should be pretty close to being resolved pretty soon. MR. SCHWARTZ: Well, I hope so. Thank you. The other big issue that I am back here again, the first time I came in August of last year to talk about the Heritage at Cutchogue and I would like to start by saying it is not just the Heritage at Cutchogue, it is not just the one development. Since I, even when I first heard about the Heritage at Cutchogue, if you remember I came and I told you that it was just, that was going to be the straw that broke the camel’s back. Well, now I would characterize it as sort of a weather vane development, if that development is allowed to proceed and turn that piece of farmland in the heart of Cutchogue which is the area or the you know, the place on the north fork and probably the east end with the most farmland and it is known as the heart of our farming heritage. If that is built over with condominiums, we will be losing something that we will never be able to regain. I know I spoke with Supervisor Russell prior to the holidays and I was trying to convince you to be proactive and get on the stick and start reviewing the DEIS, the scoping, preparing to review the DEIS before it was submitted. Well now it has been submitted and I read in the paper that the Planning Director was surprised that it happened so soon. Well, you weren’t surprised because I told you that it was going to happen very soon. SUPERVISOR RUSSELL: No, I wasn’t. Right. MR. SCHWARTZ: But now here we are, behind the eight ball. SUPERVISOR RUSSELL: No, we are not actually. We have the right to reject any or all of what was submitted by the applicant. And that is what we are reviewing now. we actually met with the applicant recently and outlined for him several concerns that we won’t budge on. Traffic issues, density issues. All of those things. I think this Board has worked well together. I January 15, 2008 Page 34 Minutes Southold Town Board Meeting might point out to you, Benja, I have been fighting on this long before you stepped to the podium and spoke to the Board about reducing that density, reducing that impact. MR. SCHWARTZ: I looked through the file… SUPERVISOR RUSSELL: Yeah. MR. SCHWARTZ: Okay? And there has been problems since day one. So if you give me a chance… SUPERVISOR RUSSELL: Sure. But just so you know, we had met with the developer and we are not yielding. MR. SCHWARTZ: Well, I am trying to tell you a couple of things here now. The, in the file, there is a report that was done shortly after the application was filed. The Planning Board commissioned a report from Suffolk Planning or something, I don’t know, the report came back and essentially said there might be some impact but we can mitigate them so they won’t be very significant and let’s go ahead and do this thing. It was so poorly done, the report, that it was never adopted by the Planning Board. But it didn’t help the Town. So I hear that the DEIS now is going to be submitted to another consultant and I am hopeful that that consultant will do a better, do a good job but you know, it would have been nice I think and I was trying to push you to contact the consultant after the scoping was finished and get the consultant on line. Have him review the scopes since reviewing the scope is the first part of the job to review the DEIS. He has to review the DEIS for compliance with the scope, so he is going to have to review the scope anyway. So I thought that process could have been started…. SUPERVISOR RUSSELL: Benja, I think you need to, I keep offering you the facts. The fact is that that original commissioned report wasn’t good. That is why I worked with the then chairman of the Planning Board or the Department Head, Mark Terry, because report actually recommended a negative declaration on SEQRA. We drafted a positive declaration and a darned good one. In spite of that consultants recommendations that it be… MR. SCHWARTZ: Look, I am appreciative of everything you have done… SUPERVISOR RUSSELL: I agree with everything you are saying and we are trying to get there. MR. SCHWARTZ: Someone I know went, they wanted to know who this developer was. They went to the Planning Department, they looked at the file. They couldn’t figure it out. They asked someone at the Planning Department. They reviewed the file. They couldn’t figure it out. With all due respect, Scott, I don’t think the Town knows. I know you think you know who owns the property, you think you know who is authorized to make this application but with all due respect, there is nothing in the file that says they have, I believe, I believe that the property is in the name of a corporation and I was taught in… January 15, 2008 Page 35 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Nocro. MR. SCHWARTZ: Law school that if a corporation, property owned by a corporation, you want to apply for a development in the name of the corporation, the first thing you have to do is get a resolution from the Board of Directors of the corporation authorizing that application or authorizing an agent. If there is a contract out, if this developer, apparently Rimland is the one that is pushed pursuing this application but if he has the authority, then I think the Town probably has the right and the obligation to take a look at that, to have a copy of that, at least the relevant parts of that contract in the file. You know, I would like to see the Town working with that developer to preserve the land and I know you have said that you won’t that, too. But I don’t see how we can really do that right if we don’t really know on paper, who we are dealing with. In terms of preserving the land, I contacted the Southold Town Land Preservation Department, not very long ago, and they had no concern, they had nothing on file, they had no file working on this property. SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: Now you expressed to me that you were interested in perhaps making a deal with the developer and preserving, purchasing at least part of the property. But isn’t the first step to get the Land Preservation, that is what you said… SUPERVISOR RUSSELL: I did. I went and talked to Melissa Spiro first and said would this be an appropriate use of land preservation money? If we could secure some or a substantial portion of that property? She thought that would be a good use of the money. I extended that for consideration to the attorney, Mr. Cuddy and the developer Mr. Rimland, so that they would consider that. But I wanted Melissa, her input first to make sure I wasn’t making an offer that the Land Preservation Department… MR. SCHWARTZ: It is not just you, Scott… SUPERVISOR RUSSELL: But that is exactly what I did. MR. SCHWARTZ: The Town Board. I am asking you today, can you go and contact the Land Preservation Department and maybe have this property put on the Community Preservation Fund list, so that it would be eligible for that money if we could work a deal? For the money from the transfer tax, then this recent farmland bill, maybe the Land Preservation Committee could look into whether some of that money could be used towards preserving this farmland. Sorry, I had a picture of it, I printed it out before I left the house today but forgot to bring it with me. COUNCILMAN KRUPSKI: I am the liaison from the Town Board to the Land Preservation Committee and I will bring it up at the next meeting. But you need a willing land owner in order to accomplish that, so… MR. SCHWARTZ: Maybe that could be worked on. Maybe he would be willing, if we twisted his leg a little. If you need help with that, I have some very persuasive friends. I wish I did, January 15, 2008 Page 36 Minutes Southold Town Board Meeting anyway. The voters of Suffolk county just authorized borrowing against the sales tax for preservation of water shed, this is prime ground water recharge land for the Cutchogue aquifer. The largest section of the water which supplies us with fresh water. Is this property eligible for those funds? Well, you get the idea. I don’t want to, as a matter of fact, I don’t want to take up your time. I just want to tell you that in 1984 Nancy organized a meeting at the Cutchogue East, not the Cutchogue East, the Depot Lane school. John Wickham was the keynote speaker there about the proposal to develop this property. At that time they were talking about 160 units. We have got, it is down to 139. Only 139. Which by the way, is twice the size that the Town of Southampton permits as senior development. They will not allow a senior development larger than 75 units. And a 140 units, that is almost twice the size. Anyway, that was in ’84. In 1983, , February 11983 was the public hearing on the down zoning, when this property was changed from the agricultural zone that all the other farms around are to this high density zoning which it is today; it has gone through several little changes in the type of zoning but essentially it was down zoned 25 years ago come February 1. So to commemorate that date, we have organized a coalition and well, at this point we have the Group for the East End will be providing a speaker and we are going to be talking at the Cutchogue East school and discussing the issues of land preservation, stewardship, land use regulation and in particular how they relate to the east end of Long Island and the heart of Cutchogue hamlet. I would like to invite all of you and it is going to be a public meeting. So that will be, hopefully we will have it in the community calendar in the paper and stuff but it will be on Friday, February 1, 7:30 to 9:00 at the Cutchogue East school, in the cafetorium there. If you have never been there, it is a beautiful facility and we hope to see as many people as we can there. Meanwhile, if you would like to, anymore information or to keep in touch, we have a new website. It is called savecutchogue.com. We made it a little easier for people to find. So we hope that we will see some local people to the website. I do have a tracking mechanism on the website and while we have had considerable number of hits, more than half of them so far have been from Nassau county, Manhattan and the Hamptons. So, you know, I think the people of the north fork, this will impact us. Not just the people in the hamlet of Cutchogue and in Cutchogue. Not just the people in all of Southold Town, although the tax impact will certainly reach that far if not traffic in general character of the township but also the whole east end. I think that Cutchogue is one of those special places that it may not seem that important but subliminally it is not, so we are just really hoping that you are going to help us save it and we will be in touch. SUPERVISOR RUSSELL: Thank you. Nancy Sawastynowicz NANCY SAWASTYNOWICZ: Good evening and welcome to the two new Board members. I am Nancy Sawastynowicz from Cutchogue and I am here tonight to explain about the zone change for the Heritage Cutchogue project. It was done in March of 1983. I have, I want to give each of you, to just let you know a little of the history and I would like, can someone put this in Mr. Wickham’s mailbox? Thank you. It is so far back, I just want everybody to see how bad it was done. So the zone change was really based on this and every question he answered no. And to me, the first question is so obvious that it is fraudulent. Will this project result in a large physical change to the project site or physically alter more than 10 acres of land? He says no. It was going to be 160 units on 46 acres. So anyway, you will get the drift when you look at that. January 15, 2008 Page 37 Minutes Southold Town Board Meeting COUNCILMAN KRUPSKI: I like number 15. MS. SAWASTYNOWICZ: Yeah. That one is my favorite. Because I was handing in petitions. So anyway, I just, you know, I wanted the new Board members to kind of get a feel for what really took place then. And oh, if they had said yes to one of the questions they would have had to do the long environmental assessment form on that. But this is what he got the zone change on and I put the, on the second page, the zone change was adopted on this short form. So I just, that is why I have such passion for protecting this land because it was done so fraudently back then and I mean, I had known now what I know now, he would have never got away with it. But anyway, so I guess I said everything I have to say and I know it is a tough, tough project and like Benja said, Cutchogue is the heart of most of the farmland left on the north fork and I am still getting petitions, these are from before the holidays, I haven’t, I didn’t want to look like I was crazy in the cold weather. So I have another 212 and once it stops freezing we will be back out there again. I don’t know that much about what the Planning Board, Heather Lanza asked about looking into to revise the… SUPERVISOR RUSSELL: That was actually Mark Terry. Yeah, that would be the design standards for those types of communities and we are very much looking at that and that is still on the table. MS. SAWASTYNOWICZ: Very happy to hear that because that would really help. Because that hasn’t been revised ever. SUPERVISOR RUSSELL: It was never created. They actually passed a subdivision code about a year or two before I became the Supervisor, that referred to those design standards but they had never been created and that become part of that code, so that is a real glaring error. Absolutely. MS. SAWASTYNOWICZ: That is great. I am so happy. That is, Happy New Year. So I guess that is all I have to say tonight and thank you very much and I appreciate all your time. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board? Pete? Supt Hgwys Peter Harris PETER HARRIS, SUPERINTENDENT OF HIGHWAYS: Peter Harris, Superintendent of Highways, Town of Southold. Just a couple of quick items. The house in Greenport that the Town Board passed a resolution for demolition, it will be, it is 95 percent done. We have one little corner of the foundation tomorrow morning to come out, it became, the project was really more than what we anticipated because I did not realize that that house was made of concrete. The entire house. And it created quite a challenge because of the close proximity to the household next door. If it had been stick construction it would have been a very easy demolition but the Board should be very proud of their Highway Department employees, who did a fantastic job to maintain the safety and well being of the adjacent properties, that we did absolutely no damage whatsoever. Second of all, the, I know the cleanup is over, it has been over but today we are, we went out again for hopefully the last time and we are picking up bags of leaves again because for whatever reason residents of the Town took it upon themselves, I guess they were January 15, 2008 Southold Town Boazd Meeting Minutes Page 38 trying to get an early jump on the spring cleanup. So we aze picking bags of leaves again up and hopefully, Bill Edwards is not one of the residents, so we are redoing that. And the third item and it has absolutely nothing to do with the Highway Department but for any of the residents out there, I didn't get here right for the beginning of the meeting but Goldsmith's Inlet is flowing wide open, they have had three or four days of dredging up there to open the entire mouth of Goldsmith's Inlet and it should be good to go for possibly, hopefully at least a good yeaz, two years before anything closes back up. That is all I have to say. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Boazd on any issue? (No response) Can I get a motion to close? Motion To: Adjourn Town Boazd Meeting COMMENTS -Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:16P.M. E abeth A. N~lle t1y Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, ICrupski Jr., Evans, Russell ABSENT: Thomas H. Wickham