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HomeMy WebLinkAboutTB-04/08/2008 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES April 8, 2008 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, April 8, 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. Budget Report December 31, 2007 2. Judge Bruer Monthly Report March 2003 3. Disabled Recreation Program March 2008 4. Department of Public Works March 2008 5. Judge Price March 2008 II. Public Notices 1. NYS Liquor License Renewals Lieb Cellars, LLC, 35 Cox Neck Rd., Mattituck - Retail winery license Soundview Restaurant, 57185 North Rd., Greenport - Liquor license 2. Suffolk County Department of Planning April 8, 2008 Page 2 Minutes Southold Town Board Meeting Shellfish Aquaculture Lease Program in Peconic Bay and Gardiners Bay - Public Hearing 4/17/08 at 7:00 PM at Riverhead Town Hall. III. Communications IV. Discussion 1. 9:00 A.M. - Trustees Request for Temporary Assistance with Environmental Reviews 2. Trustees Moratorium on Docks on the Bay 3. 9:30 A.M. - Heather Lanza Proposal to provide Site Plan Review Services 4. 9:45 A.M. - Phillip Beltz, Heather Lanza, Mark Terry - Hamlet Stakeholders Implementation Plan update - CPF Exemption for 1st time homebuyers - Supervisor/Councilman Orlando 5. 10:00 A.M. - Jamie Richter DOT Transportation Grant 6. 10:30 A.M. - Judge Price Justice Court 7. Park & Recreation Per Councilman Orlando - Strawberry Fields - Committee Secretary - Aldrich Ball Field Lighting 8. Stipend: Emergency Management Coordinator - Supervisor 9. Appointment to North Shore Heritage Trail Board - Neb Brashich 10. Department of Homeland Security Public Meeting Here 11. Deputy At Landfill 12. Colony Pond Water 13. Special Events/Road Closing Requests April 8, 2008 Page 3 Minutes Southold Town Board Meeting 14. Request From Island Community Board and Update From Justice Evans 15. Land Stewardship/Environmental Development 16. 1:00 PM - Melissa Spiro, John Sepenoski Stackler sanitary flow credits and Management Plan 17. 1:10 PM - Executive Session - Melissa Spiro, John Sepenoski Property acquisition 18. Executive Session Labor Crew Leaders Call to Order 4:30 PM Meeting called to order on April 8, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived William Ruland Town of Southold Councilman Present Vincent Orlando Town of Southold Councilman Present Albert Krupski Jr. Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Kieran Corcoran Town of Southold Assistant Town Attorney Present Pledge of Allegiance Supervisor Scott Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Before I go to the agenda, I just want to make one quick announcement. A town wide cleanup has been scheduled, beginning Saturday May 3 and running for two weeks through May 17. We are looking for volunteers from throughout the township to assist us in beautifying our town and instilling pride in our community. We welcome group or individual participation and our goal is to cover every area of Southold Town. Once the cleanup is accomplished, the corps of volunteers will remain to work on the creation of the Southold Town litter patrol, an organizational meeting for individuals and groups is here April 17 at 7:00 PM, right here in the meeting hall. Anyone interested in participating in this effort is encouraged to attend with ideas, enthusiasm and certainly they are free to call me at the Supervisor’s office, 765-1889. With that being said, would anybody like to comment on the agenda? COUNCILMAN KRUPSKI: That is a great idea. SUPERVISOR RUSSELL: Mrs. Egan. April 8, 2008 Page 4 Minutes Southold Town Board Meeting Joan Egan, East Marion JOAN EGAN: Good evening, Joan Egan or good afternoon, whatever. Good to be here, good to see the sun. Incidentally, the Town Hall meeting was not shown either at 7:00 this morning or at 1:00 today. I told Mr. Eisenberg about it at 1:00, I informed one of your girls in your office to tell Mr. Eisenberg it wasn’t on at 1:00 again. So it wasn’t on at 7:00 and I don’t know what happened but it should be taken care of. Well, we have a number of these and I will address them as they go along, 337, day trip. But it is more expense and it could be taken care of, I am sure, by telephone, computer or otherwise. Item 338, we have had so many of these and we had it on the last one, we have gone through this disaster survival, I don’t see why it is necessary for another trip on that for Mr. Harris, we certainly had enough seminars on it. It was on the agenda last time and I made the same comment. Let him stay home and do his job here. Now, item 339, this makes me feel very badly, she can absolutely not be replaced. This is one of the few people who has worked here, has given of herself, it is a tough job and she handles it magnificently. And we are, what have we decided we are going to do with that little courtroom. Here or there or over there. Any update on that? SUPERVISOR RUSSELL: Yeah, we actually met with the Town Justice today and we are going to put a little site committee together to find a suitable site for a committed court complex that would remove it from Town Hall. But we just had a meeting to discuss that issue today and over the next few weeks we will be looking at alternative sites. MS. EGAN: Well, you said that the last time. SUPERVISOR RUSSELL: No. We didn’t have a Town Justice before the Board last time. MS. EGAN: Well, we talked about it the last time you were here, which was four weeks ago. So when do you think it might happen? SUPERVISOR RUSSELL: Well, the Town Board is on board so if we can find a suitable site in the near future, as soon as possible, I would hope. MS. EGAN: Well, you talked about the recreation center or the Peconic school, right? SUPERVISOR RUSSELL: The Peconic school really isn’t on the table to be a Justice Court. I don’t think it should be, it is a community center, we are buying it as a community center, the bonds read community center, the grant application to cover half the cost read community center; the rec center next door that we are investing in now might make sense. We will have to see what our options are but I think it is important to start looking at those options. We are doing that, in the next few weeks we will be scouting sites to find something that makes sense based on its location. We might also have to think about the cost. MS. EGAN: Yeah. So nothing will be done to improve the situation here… SUPERVISOR RUSSELL: The best way to improve it is to get it to its committed location. Get it to a committed location. April 8, 2008 Page 5 Minutes Southold Town Board Meeting MS. EGAN: Well, you Board members get busy on it because we have a big, big problem. And again, item 340, again you are losing a very wonderful person who again has given of herself beyond the course of duty and I hope there is a big, big party for both of them. Item 341, again this is surplus equipment, which I certainly hope if they don’t the right price that it is again donated to the Greenport school or a school where it can be, young people can learn how to fix automobiles. Oh, item 342, they need a laptop computers. Are we replacing or adding or what? SUPERVISOR RUSSELL: This would be laptops to outfit the new vehicles that we just paid for. We had bought new police vehicles in the last budget cycle and this would ostensibly outfit the new ones with the computers that the existing ones have. MS. EGAN: Well, what happened with the ones in the old vehicles? They can’t be moved… SUPERVISOR RUSSELL: Some can. There is still a cost associated with that. And we also have added to the patrol fleet. Not every car gets retired that gets pulled off the road. We still have the need for cars at all times, so. MS. EGAN: Yeah, well, we need them and I hope they take good care of them. Don’t slam them around. 344, again another little trip out. How much do these little daytime trips ballpark cost? $50, $60, $100? SUPERVISOR RUSSELL: Sometimes that. Sometimes the tuition is free or paid for by a sponsoring organization and what we have is usually employees will take a town vehicle rather than or sometimes they will take their own vehicle and get reimbursed. It is better, more economic if a few are going, they just take a town vehicle. MS. EGAN: Well, I hope they are with the gas prices so high. Now, who, 346, who is this young lady taking over secretary for the Ethics Board? SUPERVISOR RUSSELL: She is a lady who works at the senior resource center, the Human Resource Center. And she is filling the position that has been vacant by my secretary Lydia Tortora, who had been secretary to the Ethics Board. She is still on extended medical leave. MS. EGAN: What makes her qualified for this job? SUPERVISOR RUSSELL: Her willingness to do it. It is a secretaries position and they are not well paid and we are lucky that someone is willing to come in after hours and do the job for us. MS. EGAN: I see. Oh, now, this is 348, these stakeholders, when they resign are they replaced and how did they get there anyhow? SUPERVISOR RUSSELL: How did they get on the stakeholders? The second round of stakeholders was the round when I, when the Board reconvened them, we cast a much wider net, we ran ads in the papers and we had a press release offering anyone who wanted to participate in April 8, 2008 Page 6 Minutes Southold Town Board Meeting the process could put their name in. And we appointed everybody that gave us their name to stakeholders. Jane, I know the people that are leaving, you know, time commitments etc. Health issues. It is a long process and certainly people aren’t you know, not everybody can stay with the process for a few years. MS. EGAN: Where are they from? Are they all from different groups? SUPERVISOR RUSSELL: Two are from Cutchogue and one is from Greenport. MS. EGAN: Okay. This is for a couple of them, 353, we will have by that time our extra policemen, you know the ones in the brown uniforms, we will have auxiliary police officers by that time, correct? SUPERVISOR RUSSELL: TCO’s. Traffic Control Officers? MS. EGAN: Yeah. We will have them by then? SUPERVISOR RUSSELL: Absolutely. MS. EGAN: Hmm? SUPERVISOR RUSSELL: Absolutely. MS. EGAN: Okay. How are we doing on the count with police? We always need more. SUPERVISOR RUSSELL: Yeah. We need more. We need more. We are down, I think, one or two. MS. EGAN: We are. One was in a traffic accident but I think he is back on duty, Scott Latham. SUPERVISOR RUSSELL: I think he is back. Yeah, we have a few that are out on injury and a few that may or may not retire as a result of their injury but it is, look, you try to run a tight financial ship but you could always use more police coverage. MS. EGAN: Yeah, I know. Oh, well, you weren’t here and Mr. Krupski tried to address item 356, now they were something in regard to Mattituck and you know Orient has a blinking light, Cutchogue has one, Greenport has one and Mattituck still doesn’t. And that is such a dangerous area. That is the Department of Transportation and I was told at the last meeting that they are not too attentive to us so anybody write a letter or get in touch with them since last Town Hall meeting? How come? SUPERVISOR RUSSELL: Where are you talking about a blinking light being needed? MS. EGAN: Mattituck school. April 8, 2008 Page 7 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Oh, Mattituck school. DOT. MS. EGAN: I mean, I have been asking for that for two years. That is such a dangerous area, coming up to you know the fork in the road, Love Lane. So what do you think? SUPERVISOR RUSSELL: Isn’t there a blinking light already at Love Lane? You are talking about past that you would have to go east of that to get to the school? Are you talking about a blinking light in front of the school? MS. EGAN: No, no. I mean, when you are heading west, when you come to the school, there should be a blinking light which would start to slow people down as they are coming on up to Love Lane. COUNCILMAN WICKHAM: We are hopeful of making a comprehensive survey of the traffic… MS. EGAN: Mr. Wickham, that has already been done. So let’s see that we get in touch with the Department of Transportation. One of you up there. I even have a good telephone number for you. I can call them but it is much more effective if you call them. Somebody going to do that? SUPERVISOR RUSSELL: I am not sure. I mean, I haven’t had a request from the school for that. I am not sure that I should based on your request… MS. EGAN: Well, I don’t think you need a request. I think it is common sense. SUPERVISOR RUSSELL: That a blinking light be put on Route 25 in front of the school? MS. EGAN: Yeah, right before the school. SUPERVISOR RUSSELL: I am not an expert in traffic but I will gladly take the suggestion to the Transportation Commission for input. That is the best I would do. I don’t think I would ask for a light until I get people looking at it, signing off that that’s what is needed here. MS. EGAN: Well then call the police department and find out what the accident rate. You can’t even get a school crossing guard there because it is so dangerous. There is no school crossing guard there anymore. SUPERVISOR RUSSELL: Well, we have a hard time hiring crossing guards…. MS. EGAN: I realize, that’s why you need the blinking light. SUPERVISOR RUSSELL: And a police officer. We need crossing guards, so we use police officers. April 8, 2008 Page 8 Minutes Southold Town Board Meeting MS. EGAN: Well, it would be wonderful. But you know, I mean, you can’t take a policeman off duty from something else when a blinking light might solve your problem. SUPERVISOR RUSSELL: It will not. We are still required to have crossing guards there, whether there is a blinking light or not. You cannot leave a crossing are unmanned. When school is letting out. MS. EGAN: I have been there many times during school hours and there is nobody there. SUPERVISOR RUSSELL: During school hours. When school starts from the time school recesses. MS. EGAN: I don’t know, dear. Somebody better do something. Oh, on item 363 and 364, are these students or full-time? SUPERVISOR RUSSELL: I am sorry. Can you ask me one more time? MS. EGAN: Okay. Items 363 and 364, are these students or full-time people or what? SUPERVISOR RUSSELL: These are seasonal part-time. The first one is for a part-time position I presume year round, that is for Betty’s office, since we have a vacancy in Betty’s office. The second one is a seasonal, that would be full-time but a seasonal full-time. They would be working every day for the summer season. She is a college student. Who you probably have met one hundred times. MS. EGAN: And the one for Mrs. Neville’s office is an adult? I mean… SUPERVISOR RUSSELL: Yes. MS. EGAN: Okay. Oh, what is item 368 about? SUPERVISOR RUSSELL: We are required, we have a deferred compensation plan that is voluntary on the part of the employees. We are required every couple of years to go out for bids for management of that plan. Pepsco, I believe, is the current manager of that plan. We are required, it is all subject to state and federal IRA law. MS. EGAN: Okay, good. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? (No response) Okay, let’s move ahead. Minutes Approval RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, March 11, 2008 April 8, 2008 Page 9 Minutes Southold Town Board Meeting ? Vote Record - Acceptance of Minutes for March 11, 2008 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? ? Vincent Orlando Voter Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter V. Resolutions 2008-335 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 4/8/08 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby April 8, 2008. ? Vote Record - Resolution RES-2008-335 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-336 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting 4/22/08 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, April 22, 2008 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ? Vote Record - Resolution RES-2008-336 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded April 8, 2008 Page 10 Minutes Southold Town Board Meeting 2008-337 CATEGORY: Attend Seminar DEPARTMENT: Planning Board CareerTrack Seminar RESOLVEDgrants permission to a that the Town Board of the Town of Southold hereby certain employee to attend a seminar on Managing Emotions Under Pressure in Hauppauge on May 21, 2008, at the employee’s election. All expenses for registration and travel to be a legal charge to the 2008 Planning Budget (Meetings and Seminars). ? Vote Record - Resolution RES-2008-337 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-338 CATEGORY: Public Service DEPARTMENT: Data Processing The 2008 LI/NYC Emergency Management Conference Focus Will be on Disaster Survival Through Regional Support. RESOLVED grants permission to Peter that the Town Board of the Town of Southold hereby Harris to attend a seminar from May 28 to May 29 in Huntington NY , 2008. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2008 Emergency Management budget (meetings and seminars). ? Vote Record - Resolution RES-2008-338 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded April 8, 2008 Page 11 Minutes Southold Town Board Meeting 2008-339 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Intent to Retire Theresa Zimnoski RESOLVEDaccepts with regret the that the Town Board of the Town of Southold hereby letter of intent to retire of Theresa Zimnoski from the position of Senior Clerk Typist in the Justice Court , effective August 30, 2008. ? Vote Record - Resolution RES-2008-339 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-340 CATEGORY: Employment - Town DEPARTMENT: Accounting Alice Paasch Intent to Retire RESOLVEDaccepts with regret letter that the Town Board of the Town of Southold hereby of intent to retire of Alice Paasch from the position of Clerk Typist in the Justice Court , effective July 31, 2008. ? Vote Record - Resolution RES-2008-340 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-341 CATEGORY: Surplus Equipment DEPARTMENT: Police Dept April 8, 2008 Page 12 Minutes Southold Town Board Meeting Re-Advertise for Sale of Surplus Equipment RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to re-advertise for bids for the following surplus equipment: 1999 Ford Crown Victoria - 2FAFP71WXXX194071 2000 Ford Crown Victoria - 2FAFP71W7YX176399 Contact person is Lt. H. William Sawicki - (631) 765-2600. Vehicles are in "as is" condition and may be viewed at Lou's Garage, Pacific Street, Mattituck, New York. ? Vote Record - Resolution RES-2008-341 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-342 CATEGORY: Budget Modification DEPARTMENT: Data Processing Capital Projects - PD Laptop Replacement WHEREAS the Town Board of the Town of Southold adopted a 2008 Capital Budget which includes a $38,400 appropriation for laptop computers for the Police Department’s patrol cars, and WHEREAS the Town’s Capital Budgeting process requires a resolution to formally establish a Capital Budget item in the Capital Fund, now therefore be it RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2008 Capital Budget: Capital Project Name: PD Laptops Financing Method: Transfer from General Fund Whole Town April 8, 2008 Page 13 Minutes Southold Town Board Meeting Budget: Revenues: H.5031.35 Interfund Transfers $38,400 Appropriations: H.1680.2.600.100 Data Processing Capital Outlay Workstations and Printers $38,400 ? Vote Record - Resolution RES-2008-342 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-343 CATEGORY: Employment - FIFD DEPARTMENT: Accounting FIFD Hire Rodney Brown PT Deckhand RESOLVEDappoints Rodney Brown to that the Town Board of the Town of Southold hereby the position of a part-time Deckhand for the Fishers Island Ferry District, effective April 8, 2008, at a rate of $10.00 per hour. ? Vote Record - Resolution RES-2008-343 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-344 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Seminar: Innovative Floodplain Strategies RESOLVEDgrants permission for that the Town Board of the Town of Southold hereby April 8, 2008 Page 14 Minutes Southold Town Board Meeting Mark Terry, Principal Planner and LWRP Coordinator to attend Innovative Floodplain Strategies for Coastal Areas at Stony Brook University April 30 . Registration and travel to be a legal charge to the 2008 Planning Budget. ? Vote Record - Resolution RES-2008-344 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-345 CATEGORY: Attend Seminar DEPARTMENT: Land Preservation Seminar: 2008 Northeast Land Trust Alliance Conf RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Melissa Spiro, Land Preservation Coordinator, to attend the 2008 Northeast Land Trust Alliance Conference “Training Leaders, Building Partnerships: Achieving Excellence in Conservation” on April 11, 2008 in West Point, New York. All expenses for registration, travel, lodging and meals, to be a legal charge to the 2008 Land Preservation Department budget A.8710.4.600.200 (meetings & seminars). ? Vote Record - Resolution RES-2008-345 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-346 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Phyllis Markopoulos Secretary Ethics Board RESOLVEDappoints Phyllis that the Town Board of the Town of Southold hereby April 8, 2008 Page 15 Minutes Southold Town Board Meeting Markopoulos to the temporary position of Secretary for the Ethic Board , effective February 1, 2008, at her current hourly rate of pay. ? Vote Record - Resolution RES-2008-346 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-347 CATEGORY: Budget Modification DEPARTMENT: Land Preservation CPF Budget Modification Fiscal Impact: budget mod for the purpose of providing acquisition funding for Bittner and Blocker property (open space) closings. RESOLVEDhereby modifies the 2008 that the Town Board of the Town of Southold Community Preservation Fund budget as follows: Increase: Appropriations H3.8660.2.600.100 Land Acquisitions $ 10,800,000.00 Increase: Revenues H3.2705.10 Gifts & Donations $ 6,820.00 H3.4097.30 Federal Grant (NOAA) $ 1,464,735.00 H3.5990.00 Appropriated Fund Balance $ 9,328,445.00 ? Vote Record - Resolution RES-2008-347 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-348 CATEGORY: Committee Resignation April 8, 2008 Page 16 Minutes Southold Town Board Meeting DEPARTMENT: Town Clerk Accept the Resignations of Jane Minerva, Fred Carcich and Don Leslie Jr. From the Hamlet Stakeholders RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignations of Jane Minerva, Fred Carcich and Don Leslie Jr. from the Hamlet Stakeholders , effective immediately. ? Vote Record - Resolution RES-2008-348 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-349 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint LeRoy Heyliger to the Housing Advisory Commission RESOLVEDappoints LeRoy Heyliger to the the Town Board of the Town of Southold hereby Housing Advisory Commission , effective immediately. ? Vote Record - Resolution RES-2008-349 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-350 CATEGORY: Organizational DEPARTMENT: Accounting Bridgehampton National Bank for Trustees RESOLVED the Town Board of the Town of Southold hereby designates the Bridgehampton April 8, 2008 Page 17 Minutes Southold Town Board Meeting National Bank as a depository of Town of Southold for the Board of Town Trustees, and that funds of the Town of Southold for the Board of Town Trustees deposited in said Bank, be subject to withdrawal upon checks, notes, Resolution drafts, bills of exchange, acceptances, undertakings of other orders for the payment of money when signed on behalf of this Corporation by any one (1) of its following officers to wit: Supervisor Deputy Supervisor President, Board of Trustees Secretarial Assistant, Board of Trustees RESOLVED BE IT FURTHER , that the above Bank, is hereby authorized to pay any such orders and also to receive the same for credit of or in payment from the payee or any other holder without inquiry as to the circumstances of issue or the disposition of the proceeds even if drawn to the individual order of any signing officer or tendered in payment of his individual obligation. That the foregoing powers and authority will continue until written notice of revocation has been delivered to the above Bank. RESOLVED BE IT FURTHER , that the Secretary of this Corporation be and he hereby is authorized to certify to the above RESOLVED BE IT FURTHER , that the Secretary of this Corporation be and he hereby is authorized to certify to the above Bank, the foregoing resolutions and that the provisions thereof are in conformity with the charter and By-Laws of this Corporation. ? Vote Record - Resolution RES-2008-350 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-351 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk April 8, 2008 Page 18 Minutes Southold Town Board Meeting Southold Little League Parade RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby North Fork/Southold Little League Baseball & Softball to use the following roads for its Opening Day Parade on Saturday, May 3, 2008, beginning at 11:30AM: Recreation Center parking lot, Peconic Lane and Carroll Avenue, Peconic 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 upon receipt of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-351 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-352 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Sign an Agreement with the New York State Office of Parks, Recreation and Historic Preservation for the Laurel Lake Preservation and Trail Plan RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign an Agreement with the New York State Office of Parks, Recreation and Historic Preservation for the Laurel Lake Preservation and Trail Plan , in the amount of $97,500, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-352 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded April 8, 2008 Page 19 Minutes Southold Town Board Meeting 2008-353 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold Village Merchants 4Th of July Parade RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold Village Merchants to use the following roads for its Tenth Annual Fourth of July Parade on Friday, July 4, 2008 beginning at 11:00 AM: Boisseau Avenue along the Main Road to Tuckers Lane, Southold, 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, upon receipt of the approval of this resolution, to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-353 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-354 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for NF Audubon Contract WHEREAS the Town Board of the Town of Southold adopted resolution 2008-183 on February 12, 2008 which authorized and directed Supervisor Scott Russell to execute the contract between the Town of Southold and the North Fork Audubon Society in connection with the beach- dependent species management for a total amount of $15,000, payable over two years, of which $7,000 is for services to be provided in 2008, and WHEREAS the 2008 Operating Budget of the Town of Southold does not include an April 8, 2008 Page 20 Minutes Southold Town Board Meeting appropriation for the services to be provided in 2008 under the contract between the Town of Southold and the North Fork Audubon Society for the beach-dependent species management, and WHEREAS the Town Board of the Town of Southold desires to provide funding for those services to be provided in 2008 under the contract between the Town of Southold and the North Fork Audubon Society for the beach-dependent species management, now therefore be it 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 $ 7,000 To: A.8720.4.400.100 Beach Dependent Species Management $ 7,000 ? Vote Record - Resolution RES-2008-354 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-355 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Leukemia/Lymphoma Bike-A-Thon RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Leukemia & Lymphoma Society and Bicycle Shows USA to use the following roads and New Suffolk Beach for its Bike-A-Thon on August 24, 2008 beginning at 6:30AM: Moore’s Lane, Sound View Avenue, Sound View Avenue Ext., and Chapel Lane, Greenport; Lighthouse Road, Soundview Avenue, Horton’ Lane, North Sea Drive, and Kenny’s Road, Southold; Mill Road, Peconic; Bridge Lane and Oregon Road, Cutchogue; Oregon Road, East Mill Road, Reeve April 8, 2008 Page 21 Minutes Southold Town Board Meeting Road, Grand Avenue, Wickham Avenue, Cox Neck Road, Bergen Avenue, and Sound Avenue, Mattituck; Peconic Bay Blvd. and Bay Avenue, Laurel; New Suffolk Avenue, Jackson Street, First Street, Orchard Street, and Fifth Street, New Suffolk; Village Lane, King Street, and Narrow River Road, Orient, 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, upon receipt of this resolution, to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-355 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-356 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Matt Chamber of Commerce Street Fair RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Chamber of Commerce to hold its Annual Mattituck Street Fair and to close down Love Lane and Pike Street, east and west of Love Lane, Mattituck on Saturday July 12, 2008 (r/d July 13) from 8:00 AM to 4:30 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, upon notification of the approval of this resolution, to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-356 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded April 8, 2008 Page 22 Minutes Southold Town Board Meeting 2008-357 CATEGORY: Employment - Town DEPARTMENT: Police Dept Hire Seasonal Bay Constable - Police RESOLVEDappoints Robert Conway that the Town Board of the Town of Southold hereby to the position of Seasonal Bay Constable for the Police Department, effective April 9, 2008 thru October 31, 2008, at a rate of $18.54 per hour. ? Vote Record - Resolution RES-2008-357 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-358 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Sign a Renewal Agreement with Prime Services, Inc., In Order for the Town to Continue to Participate In a Group Purchasing Program for Food and Other Supplies for the Town’s Senior Nutrition Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign a Renewal Agreement with Prime Services, Inc., in order for the Town to continue to participate in a group purchasing program for food and other supplies for the Town’s Senior Nutrition Program ; and BE IT FURTHER RESOLVED , that this method of purchase has been evaluated by the Town Attorney’s Office and appears to meet the standards of General Municipal Law 103 of the Consolidated Laws of the State of New York, which authorizes nutrition programs that receive federal, state or local funding to enter into joint contracts and arrangements to purchase food and related supplies without the requirement of competitive bidding. April 8, 2008 Page 23 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-358 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-359 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Abandoned Moorings Proposal RESOLVEDaccepts the Proposal of that the Town Board of the Town of Southold hereby L.K. McLean Associates, P.C. dated March 3, 2008 , relating to the preparation of bid documents for the removal of abandoned moorings in Town waters. ? Vote Record - Resolution RES-2008-359 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Initiator ?? Rescinded 2008-360 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Amend 2008-324 Add Peter Burr As Reappointed Member of the Tree Committee RESOLVED amends the Town Board of the Town Board of the Town of Southold hereby resolution 2008-324 by adding Peter Burr as a reappointed member of the Tree Committee; his name was inadvertently overlooked on the original resolution. The amended resolution is: RESOLVEDPeter Burr that the Town Board of the Town of Southold hereby reappoints , Ann Trimble and Derek Bossen to the Tree Committee, effective through March 31, 2011. April 8, 2008 Page 24 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-360 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-361 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney State Contract for Aid to Localities Project (Stormwater Remediation Projects) WHEREAS , the Town Board of the Town of Southold (hereinafter called the “Municipality”), after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work (stormwater remediation projects), as described in the State Contract (hereinafter called the “Project”) is desirable, in the public interest, and is required in order to study and/or implement the local project or programs; and WHEREAS , under Chapter 50, Section 1 of the Laws of 2007 relating to the Local Assistance Budget, the Legislature has authorized financial assistance to localities for services and expenses related to local projects, program and studies by means of a written agreement; and WHEREAS , the Municipality has examined and duly considered Chapter 50, Section 1 of the Laws of 2007 relating to the Local Assistance Budget and deems it to be in the public interest and benefit under this law to enter into a contract therewith. NOW, THEREFORE, BE IT RESOLVED BY the Town Board of the Town of Southold as follows: That Supervisor Scott A. Russell is directed and authorized as the official 1. representative to act in connection with any contracts between the Municipality and the State, and to provide such additional information , as may be required. 2. That one (1) certified copy of this Resolution be prepared and sent to the New York April 8, 2008 Page 25 Minutes Southold Town Board Meeting State Department of Environmental Conservation, Albany, New York, together with the State Contract. 3. That this Resolution take effect immediately. ? Vote Record - Resolution RES-2008-361 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-362 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk 10 Mighty North Fork Triathlon RESOLVEDgrants permission for the that the Town Board of the Town of Southold hereby th Event Power to hold it’s "10 Annual Mighty North Fork Triathlon" , at Cedar Beach Park, Sunday, July 13, 2008 Southold, New York, on using the following roads: Cedar Beach Road Paradise Point Road Main Bayview Road Jacobs Lane N. BayviewRoad Brigantine Drive Harbor Light Road Windjammer Drive Anchor Lane Dayton Road North Parish Drive Pine Neck Road Baywater Avenue South Harbor Hiawathas Path Nokomis Road Minnehaha Blvd. Longview Lane Wateredge Way Rambler 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 secure permission from Suffolk County Parks, Recreation and Conservation for their use of Cedar Beach Park; and applicant must contact Capt. Flatley to coordinate traffic control upon notification of the adoption of this resolution. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. April 8, 2008 Page 26 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-362 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-363 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Maryanne Sawicki to PT Account Clerk RESOLVEDappoints Mary Anne that the Town Board of the Town of Southold hereby Sawicki to the position of a Part-time Account Clerk for the Town Clerks Office, effective April 9, 2008 at a rate of $13.30 per hour. ? Vote Record - Resolution RES-2008-363 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-364 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Amanda Nunemaker Seasonal Clerk Typist RESOLVEDappoints Amanda that the Town Board of the Town of Southold hereby Nunemaker to the position of a Seasonal Clerk Typist for the Records Management Department, effective April 9, 2008 – August 21, 2008, at a rate of $12.28 per hour . April 8, 2008 Page 27 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-364 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-365 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Authorize and Directs the Town Clerk to Advertise for Bids for the Fishers Island Pumpout Station Upgrade RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the Fishers Island Pumpout Station upgrade. ? Vote Record - Resolution RES-2008-365 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-366 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Budget Mod for Freight Fiscal Impact: $2,327.44 for shipment of PTO for Horizontal Grinder to vendor facility in New Hampshire for repair (weight approx. 2000 lbs); $$ taken from Grinder Repairs budget line. $725 charge for delivery of new pick up truck from Rochester, NY (purchased off NYS Contract). RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 8160.4.400.665 Repairs CBI Grinder $ 2,327.44 SR 8160.2.500.300 Traffic Control Devices $ 725.00 April 8, 2008 Page 28 Minutes Southold Town Board Meeting To: SR 8160.4.600.500 Freight & Express Mail $ 3,052.44 ? Vote Record - Resolution RES-2008-366 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-367 CATEGORY: Planning DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Retain Nelson, Pope & Voorhis, LLC to Assist the Planning Board In the Review of Site Plan Applications In Accordance with Its Proposal Dated March 27, 2008 RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to retain Nelson, Pope & Voorhis, LLC to assist the Planning Board in the review of site plan applications in accordance with its Proposal dated March 27, 2008 , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-367 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-368 CATEGORY: Authorize to Bid DEPARTMENT: Accounting 457 Deferred Compensation Request for Bids RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise of bids for the 457 Deferred Compensation plan in the New York State Register and the Suffolk Times. April 8, 2008 Page 29 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-368 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-369 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Fishers Island Stakeholders RESOLVEDappoints the following the Town Board of the Town of Southold hereby individuals to the Fishers Island Hamlet Stakeholders : Judi Imbriglio Patty Faulkner Rosemary Bane Tom O’Neil Bill Ridgeway Peter Gaillard Meredith Doyen Penni Sharp Heather Burnham Peter Burr ? Vote Record - Resolution RES-2008-369 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-370 CATEGORY: Planning DEPARTMENT: Town Attorney Hereby Endorses, Approves and Adopts the Fishers Island Strategic Plan Dated October 2007 RESOLVEDhereby endorses, approves and that the Town Board of the Town of Southold April 8, 2008 Page 30 Minutes Southold Town Board Meeting adopts the Fishers Island Strategic Plan dated October 2007. ? Vote Record - Resolution RES-2008-370 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-371 CATEGORY: Seqra DEPARTMENT: Town Attorney Finds that the Adoption of the Local Law Entitled “A Local Law In Relation to Parking by Permit Only Area on Fishers Island, Greenwood Avenue, During the Summer” is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOLVEDfinds that the adoption of that the Town Board of the Town of Southold hereby the local law entitled “A Local Law in relation to Parking by Permit Only Area on Fishers Island, Greenwood Avenue, During the Summer” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, is not subject to review under SEQRA, and is exempt from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record - Resolution RES-2008-371 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-372 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL #2 of 2008 FI Parking WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, April 8, 2008 Page 31 Minutes Southold Town Board Meeting th “A Local Law in relation to New York, on the 11 day of March, 2008 a Local Law entitled Parking By Permit Only Area on Fishers Island, Greenwood Avenue, During the Summer” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid 8th Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the day of April, 2008 at 4:35 p.m. at which time all interested persons were heard, NOW therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed Local “A Local Law in relation to Parking By Permit Only Area on Fishers Island, Law entitled, Greenwood Avenue, During the Summer” reads as follows: LOCAL LAW NO. 2 of 2008 “A Local Law in relation to Parking By Permit Only Area on Fishers A Local Law entitled, Island, Greenwood Avenue, During the Summer” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions in this area of Fishers Island during the Summer season. II. Chapter 189, Parking, of the Code of the Town of Southold is hereby amended as follows: § 189-4. Designation of parking areas on Fishers Island. B. No person shall park any type of vehicle in any parking area designated here in this section as a “Parking by Permit Only” area unless such vehicle displays a valid parking permit duly issued for such vehicle in accordance with the provisions of Subsection D. In addition to the areas listed in Subsection A above, the following areas of Fishers Island are designated “Parking by Permit Only”: Name of Street Side Between the Location Hours of Greenwood Avenue East 6:00 p.m. and On Fishers Island, 6:00 a.m., the entirety of from and including the easterly side of Green- April 8, 2008 Page 32 Minutes Southold Town Board Meeting Memorial Day wood Avenue Through and Including Labor Day III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately after filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-372 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-373 CATEGORY: Property Usage DEPARTMENT: Town Clerk Designation of Vail/Scopaz House As Historic Landmark RESOLVEDdesignates the Vail/Scopaz that the Town Board of the Town of Southold hereby house located at SCTM 1000-63-6-16, 56755 Main Road, Southold, New York, as historic and add to the town’s register of Historic Landmarks; all in accordance with Chapter 170 of the Southold Town Code, the recommendation for designation by the Southold Town Historic Preservation Commission, and acceptance of designation by property owners. ? Vote Record - Resolution RES-2008-373 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded April 8, 2008 Page 33 Minutes Southold Town Board Meeting VI. Public Hearings 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed at 5:06 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 2. Set a Public Hearing for April 8, 2008 At 4:35 PM on a Local Law In Relation to Parking by Permit Only Area on Fishers Island, Greenwood Avenue, During the Summer COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the th Town Board of the Town of Southold, Suffolk County, New York, on the 11 day of March, “A Local Law in relation to Parking By Permit Only Area on 2008 a Local Law entitled Fishers Island, Greenwood Avenue, During the Summer” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 8th day of April, 2008 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Parking By Permit Only Area The proposed Local Law entitled, on Fishers Island, Greenwood Avenue, During the Summer” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to Parking By Permit Only Area on Fishers A Local Law entitled, Island, Greenwood Avenue, During the Summer” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions in this area of Fishers Island during the Summer season. II. Chapter 189, Parking, of the Code of the Town of Southold is hereby amended as follows: § 189-4. Designation of parking areas on Fishers Island. B. No person shall park any type of vehicle in any parking area designated here in this section as April 8, 2008 Page 34 Minutes Southold Town Board Meeting a “Parking by Permit Only” area unless such vehicle displays a valid parking permit duly issued for such vehicle in accordance with the provisions of Subsection D. In addition to the areas listed in Subsection A above, the following areas of Fishers Island are designated “Parking by Permit Only”: Name of Street Side Between the Location Hours of Greenwood Avenue East 6:00 p.m. and On Fishers Island, 6:00 a.m., the entirety of from and including the easterly side of Green- Memorial Day wood Avenue through and including Labor Day III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately after filing with the Secretary of State as provided by law. I have a notice here that it has appeared as a legal in the local newspaper and it has appeared also on the Town Clerk’s bulletin board out in the hall. And that is really the only notices in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular public hearing? BENJA SCHWARTZ: Benja Schwartz, Cutchogue. I have never been to Fishers Island, I would love to go. But I live in Cutchogue on Fleets Neck and during the summer, the dead end in front of my house, the people park on both sides of the road and there were several accidents there last summer, several of which were unreported and people were collapsing on the side of the road and the emergency vehicles had to get down there and you know, I would, as much as I hate regulations, I did request a stop sign be installed because there was no clear traffic signals at the half way up the hill and they put a traffic, a new stop sign in this year and I thank the Town for that and hope that that will slow people down. If not cause them to stop. But what would be the procedure, the process if I… SUPERVISOR RUSSELL: If you have traffic issues down there, you can… MR. SCHWARTZ: I think that it might be appropriate either to require some kind of permit or to, besides to that, they park in front of my driveway all the time. April 8, 2008 Page 35 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Well, what we could do is you can outline it for me in writing, I will give it to the Transportation Commission for recommendations. And the Highway Superintendent and the Police Department for recommendations. And then we act on their recommendations. I would just like to narrow the public hearing. I understand your concerns and I am happy to listen to them after this closes, I am just hoping to narrow the comments on this specific recommendation for a change in the local law on Fishers Island. MR. SCHWARTZ: Greenwood Avenue? SUPERVISOR RUSSELL: Greenwood Avenue, Fishers Island. MR. SCHWARTZ: Okay, thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to comment? SARAH McLEAN: I am Sarah McLean and I am from Fishers Island. I really only wanted to ask a question because I am intrigued by this and I think it is actually probably an extremely good idea but it seems to call for permits to be issued under provisions of subsection D. What does that mean exactly? How does one obtain a permit to be allowed to park? SUPERVISOR RUSSELL: You can’t. That is how we get you. No, Louisa will explain the permit process. MS. McLEAN: I am just curious because we don’t have anything like that. JUSTICE EVANS: (inaudible) MS. McLEAN: That was the other thing I wondered about. JUSTICE EVANS: I did speak with the Superintendent of Schools and it doesn’t really interfere with… MS. McLEAN: Yeah, no I was aware of that, too. JUSTICE EVANS: But it will either be issued right directly through the Town Clerk’s office or Mare’s office will do some of the parking, the issue came up again about South Beach parking by permit only and she has offered to have these available. MS. McLEAN: Is South Beach by permit only? I didn’t realize that. We would like it to be. JUSTICE EVANS: Well, it was put into law probably 10 years ago because of so many off islanders going down there and spending the night and there is obviously no facilities down there, there are trash cans down there. so they made it parking by permit only which helps clean up but now we are back to the stage where there are a lot of fishermen that come and stay overnight, so I think they are going to, we have asked them to start issuing permits again and April 8, 2008 Page 36 Minutes Southold Town Board Meeting start enforcing that law. MS. McLEAN: Well, in that case, you would be entitled to a permit if you were a resident of the Town. JUSTICE EVANS: Yes. And I think you are entitled to a permit even if you are not but they are more expensive. TOWN CLERK NEVILLE: They are more expensive. JUSTICE EVANS: I can’t remember exactly what, I would have to look at what the law was worded. MS. McLEAN: But in the case of Greenwood Avenue is the idea that you would only be entitled to a permit if you were a resident of that street? JUSTICE EVANS: Yes. MS. McLEAN: So that is really what is implied in this. JUSTICE EVANS: That is pretty much… ASSISTANT TOWN ATTORNEY CORCORAN: Well, no, it would be a resident of Fishers Island. But I don’t think… JUSTICE EVANS: But I think it is the street because of the timing of it. MS. McLEAN: Yeah. JUSTICE EVANS: It was put there to address the issue of the workmen. MS. McLEAN: I am well aware of the problem and it is an insidious one for people who live there… JUSTICE EVANS: But anyone on Fishers Island, if you are a resident, could get the permit but it is unlikely anyone is going to want it… MS. McLEAN: Would you pay for the permit or would it… JUSTICE EVANS: A nominal fee. I don’t know if you set the price on it, did we? TOWN CLERK NEVILLE: Well, are you talking about a resident’s now? MS. McLEAN: Well, that is why I am curious. April 8, 2008 Page 37 Minutes Southold Town Board Meeting TOWN CLERK NEVILLE: They are $6. You have lessee’s and you have the others. We will give a whole listing. MS. McLEAN: So in other words, you have to be a resident and pay the fee? You couldn’t buy a permit if you weren’t a resident of that street? TOWN CLERK NEVILLE: Not a resident permit, no. SUPERVISOR RUSSELL: No, no, no, no. Resident of Southold Town, of Fishers Island. A resident of Fishers Island can buy a parking permits for $6. ASSISTANT TOWN ATTORNEY CORCORAN: Actually, a resident of the entire Town could. But like Louisa said, the problem that was complained, that was specified to us was contractors parking and leaving their vehicles overnight in front of these people’s homes who don’t have driveways, where there is a convenient public parking lot down the street where they could be parking in. JUSTICE EVANS: And Kieran worked with the homeowners on that street to… MS. McLEAN: Right. No, I think that is good. ASSISTANT TOWN ATTORNEY CORCORAN: That is why 6:00 PM and 6:00 AM and it is by town permit only, so theoretically someone who lives here could go park there but we don’t really see that happening. MS. McLEAN: Right. Okay. So obviously a Connecticut resident couldn’t buy a permit. I am just thinking that $6 when parking is pretty tight around there in the summer, people might, that might not be enough to deter them from doing it. Would be my first reaction. But if you can’t buy the permit without being a resident of at least Suffolk County or Southold… JUSTICE EVANS: Southold. SUPERVISOR RUSSELL: And we had to start it somewhere and if it doesn’t resolve it, we will address a new issue. MS. McLEAN: Yeah, then you will raise it up. So it is basically intended for residents of the street to be able to park. Thank you. SUPERVISOR RUSSELL: I do want to say though, in my two years over two years as Supervisor, it is the first time we have had a Fishers Island hearing with someone from Fishers Island to comment on it. MS. McLEAN: I just happened to be passing through. SUPERVISOR RUSSELL: And out of respect for you being here, I am going to table the April 8, 2008 Page 38 Minutes Southold Town Board Meeting second public hearing which is to double the tax burden of all Fishers Island residents. Since you are here to defend the Island, I am going to table that for two weeks. MS. McLEAN: I am sitting down. SUPERVISOR RUSSELL: Thanks. Anybody else? (No response) Okay, let’s close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 3. Set Tuesday, April 8, 2008 At 4:40 P.M., Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearing to Consider the Designation of the Vail/Scopaz House on the Town’s Register of Historic Landmarks COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: pursuant to the provisions of Chapter 170 (Landmark Preservation) of the Town Code, the Town Board of the Town of Tuesday, April 8, 2008 at 4:40 P.M., Southold Town Hall, 53095 Main Southold hereby sets Road, Southold, New York as the time and place for a public hearing to consider the designation of the Vail/Scopaz house on the town’s register of Historic Landmarks; the house is located at SCTM 1000-63-6-16, 56755 Main Road, Southold, New York . The property owner has requested and the Historic Preservation Commission has recommended the property for inclusion on the town’s register. The file is available for review during regular business hours by contacting Damon Rallis at the Southold Town Building Department. If you have any questions, please do not hesitate to contact Damon Rallis at the Southold Town Building Department (631) 765-1802 or Damon.Rallis@town.southold.ny.us. I have a notice that it has appeared on the Town Clerk’s bulletin board in the hall, it has also appeared as a legal in the local newspaper. I have several communications. ‘Supervisor Russell th and Members of the Town Board, received on April 8, that is today. I am unable to attend this meeting due to a business commitment but have asked the Historic Preservation Commission to pass my comments along. (This is signed, by the way, by Valerie Scopaz, the current owner of the property.) I submitted my home for local landmark status for two reasons. The first is practical, I understand the aesthetic and economic values of protecting Southold Town’s unique historic and architectural character. The second is sentimental. My late father spent countless hours, during the span of more than 25 years renovating this house from a dilapidated ‘handyman’s special’ to it’s present condition. It was a labor of love. I thought it a fitting tribute to his efforts to nominate the house for landmark status. I hope you agree. Thank you, Valerie Scopaz’ Included in this is a map and a couple of comments about the house itself. The main house was constructed in 1858, the kitchen was added in 1873. Prior property owners go back to 1658 when the Smith family started living in that area. The home is on one of the first settler lots, settled in 1658. The lot was in the Vail family for five generations, perhaps six. Likely Vail owner, Peter Vail, left Southold for Guilford, Connecticut in 1775 and this house was the headquarters of New York Governor Tyron during the Revolutionary War. The existing house April 8, 2008 Page 39 Minutes Southold Town Board Meeting contains portion of the previous house, which we think what is believed was there even prior to the house that was built there in the 1650’s. What else do we have on this? We did have a recommendation from this, from the Historic Landmarks Commission, although I don’t see it, th supporting its designation. Here it is. On March 18 of this year, the Southold Town Landmarks Preservation Commission voted to recommend that this property be placed on the Town’s register of Historic Landmarks. Thank you for your consideration, James Grathwohl. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the designation of this property as a historic landmark? (No response) Can I get a motion to adjourn this hearing? RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Supervisor Russell SUPERVISOR RUSSELL: I would now open up the microphone to anybody who wants to address the Town Board on any issue? Mrs. Egan? Joan Egan MS. EGAN: Joan Egan, again. East Marion. At last Town Hall meeting a gentleman got up and spoke at the end and he addressed a problem that he had on Gull Pond Lane. He said he had sent you paper work. Mr. Orlando went down and looked at the property, I think Mr. Harris did also. Mr. Krupski said he thought the problem had been resolved. To the best of my knowledge, I think the Trustees rather than the Assessors were going down to look at it. Does anybody have any feedback on that? COUNCILMAN KRUPSKI: I did go down and take a look at it myself afterwards and then I spoke with the Superintendent of Highways, Mr. Harris. And we had a very brief discussion about it at our work session today. It apparently has not been resolved but I don’t think it is the Trustees, I don’t think it is a Trustee issue. MS. EGAN: No, I don’t think so. I think it is a neighborhood problem, that they have to work out themselves. And they are using you as a vehicle to do it. SUPERVISOR RUSSELL: That’s, you know what? There might be some merit to that but the reality is, he has a legitimate issue here, in that someone is encroaching on what is fundamentally a public street. I think we can resolve it… MS. EGAN: I heard from the Assessor’s that it has nothing to do with a public street. SUPERVISOR RUSSELL: Well, according to the complaint it does because he goes across what is a road and that road is held by everybody, in ownership. And when one owner is basically encroaching that road with Belgian block or whatever it is, the other owners have a right to weigh in on that. I know Albert went down and looked at it, I had already talked to the gentleman that you, I wasn’t at the meeting but I know that he came up and spoke. I did talk to April 8, 2008 Page 40 Minutes Southold Town Board Meeting him and myself, Kieran Corcoran and Pete Harris and the Code Enforcement Officer, when he gets back from vacation next Monday, will sit down and resolve that issue once and for all. I have already reached out to the owner that has put the driveway in and asked him for his participation and cooperation. MS. EGAN: Good. So, again, I am sure, three or four of you read the police report and again, I mention cell phones. You know, I catch a couple of them. I don’t want to get a ticket for blowing my whistle but it does prevent them from getting those calls through and I think everybody in the world now and I have been at this a couple of years, to call that Child Protection Agency when you see a problem. And the front of Town Hall looks very nice dear, nice and springy out there. You all come in the back door, so you don’t see how pretty the front looks. So I hope you will do the Police Department also, because that should look nice and there are other people here who will address some of my problems from East Marion. Thank you very much. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to come up and address the Town Board? Would anybody like to come up and address the Town Board? Dick Marschean, Southold DICK MARSCHEAN: I didn’t think you would have such a big crowd here today. As you note, I haven’t been here that often and I take the privilege of addressing you folks this afternoon since I don’t normally travel the roads at night anymore. One of the reasons I came here tonight is that I felt that the Broadwater issue, there is something that has really been missed by our so-called media. The big reason that we should have proposing this thing is because if we truly believe in this country of having an independent energy system, we don’t need to import gas. This gas is imported, it hasn’t been written up anyplace in any of our lovely newspapers. So just alone, just alone on that particularly item, it is out. Out completely. If we had made this a statute long before the previous presidency and so forth, that we have to have an independent gas source for our resources. So for that reason alone, Broadwater should bite the dust. Now in addition, the, that is added to it and you notice that I haven’t picked on it to begin with as some of the newspapers have, is the terror aspect that Broadwater would bring to the table but I am talking prior to even if we didn’t have a terrorist problem in this country. It is out, strictly out. Because of us having to have an independent gas port. Now we have gas in this country, in fact, only in the, in the Wall Street Journal, I get it delivered, so I read my, truthful paper that is left in this world, that there is a real rush on gas in Pennsylvania and it is being rushed on, it was cited April 2, it says gas producers rush to Pennsylvania. Now what they are rushing to is for a shale deposit, normal gas that we have had easy over the years has come from the ground without the impedance of rock, this particular shale is not that bad and the thing is that people are falling all over themselves for trying to get drills, enough drill capacity because most of the drill capacity is with oil, as you know and so this is what is going on and this is right in our own backyard. This is in our own backyard and of course, I think you people are well aware that we have gas throughout all the United States and we don’t have a shortage of gas, in fact, the gas that we use only 20 percent of our gas is used for power generation. Only 20 percent. And gas is not meant to be a heating fuel, there is another law that was passed, called the purple law back in 1980 that said that only at that time, the fossil fuels of oil, coal and so forth where to be used for the April 8, 2008 Page 41 Minutes Southold Town Board Meeting generation of electricity and gas was not to be used. now this has been mollified over the years, you know, the way people play games with legislation after it has been passed but the thing is that gas is not a problem, so the thing is that I just don’t understand why the gas scenario is on our plate here except for some very probably prominent entrepreneurs and people who know more than other people and that we keep losing governors, the way we keep losing governors, we probably won’t get a decision out of this next governor as to what he is going to do with this. The other thing is that in the process of looking at a Broadwater project, there is certain things that are done that I have done over my career called risk analysis, and even without the terrorism involved, if we had an explosion on that particular facility just the way it has been designed and laid out in the newspaper, it would make 9-11 look like it was a pup. The amount of fuel that would be exploded. Just think of it. And whether it is in the liquid form or the gaseous form which it has to be put into before it comes. The other thing is that we have other things going on around us that are not reported so much, we have a neighbor to our north which is Connecticut, who would like to put a gas line under the Sound. We have one already at Northport I know and they want to put another one. So here is our neighbor to the north wants to put a gas line under the Sound and nobody has got any particular qualms about that because it has been done before and we have done the analysis and things of this nature and water quality and so forth and so on and also we have another line that is not talked about even though it is not to do with gas, is the power line, 600 megawatt power line coming from Jersey under the Narrows, maybe even under the Verrazano Bridge, out here to Long Island into Jones Beach area to supply us with 600 megawatts of power. So we don’t have to worry about putting what I call tea kettles on each corner, gas turbine projects to give you gas turbines or how people want to put windows out in the ocean and so forth and so on and so from a, from that point of view I think we are in pretty good shape. The other thing that I would like to just touch upon is the fact that, you know, we live in a very nice town. I have had the pleasure of watching TV and watching people almost get teary eyed and so forth, sentimental about Southold Town. Southold Town has two particular responsibilities or two particular natural resources that are in our responsibility as a peninsula. One is Long Island Sound and of course, if we talk about our sister town, is the Atlantic Ocean. That is the only two things that we are responsible for. Out here, we do a lot of things to that piece of water. There was a study that was done and I believe the study was enacted that we have cleaned up the Hudson River, north of the City as part of the, looking into the Sound to our west which a lot of us don’t even think about sometimes. So the thing is that this is a natural resource that we should really cherish and really guard and I know we are trying to do that with the storm water runoff that we have going on, I know topically, just to be topical but again you know, the, I don’t believe that we lost the scalloping industry because of the brown tide alone. I think we lost the scalloping industry because of us not taking care of what we are responsible for, because nobody has really put their finger on what was the magic bullet that killed the scallops. So this is something that we should concern ourselves with. The other thing that we have, that we are responsible for is water is the aquifer. The aquifer that we have here. The aquifer is something that we have abused over the years. In fact, some of the best part of the aquifer was abused by the farmers, with the tmac and so forth, if anybody didn’t know what is was, what it did and some of that water, we can’t drill wells up there because the wells would be polluted. So this is something that we should guard against also. So the thing that I am thinking about is that when I brought up the Broadwater issue, I was just saying that people were talking about if we even had a suicide bomber come into Broadwater, he would do as much damage or more and yet April 8, 2008 Page 42 Minutes Southold Town Board Meeting we have to our west a containment vessel that was built for the old Shoreham and you know what it was designed for? It was designed for a 47, 47 to be smashed into the containment vessel. That was the design criteria to keep that vessel whole, so that nuclear would not be spread out. Just think of that. And here we haven’t built a nuclear vessel in this country in 20 years. So if you look at this thing from a risk analysis point of view, look at that containment vessel 20 years ago and compare that if it was just brought up to today and put right here against Broadwater. Who would win? Think about it. Okay, so I think I covered the sources of water, brown tide, okay, the other thing that I just wanted to talk about, since it is tied with energy, is hybrids. We hear about hybrids these days with our gasoline problem. Everybody is jumping up and down every time the price of gas goes up a notch and it is a very topical subject on all the news channels, TV channels. The thing that I believe could be changed and get rid of the problem overnight is the following; all we have to do is to follow, there is two ways that we got hybrids. We got hybrids that are battery operated, lithium batteries and we have the bio-fuels. The bio-fuels. The bio-fuels would require a tremendous infrastructure, just think of what ethanol is costing this country, you see it in your food prices, okay? It is backed up the other way, (inaudible) and it pushes out here, you know? One problem over here pushes a problem over there. We will have nothing more than cars that will be battery operated hybrids with a small gasoline engine as a backup and the thing is that General Motors and again, that was in an article this week which I have attached here which I won’t rush to, the thing is, that particular article is General Motors is programming a 2010, a 2010 for a lithium battery that it will be 10 years old or will last 10 years and be able to be driven 150,000 miles. Now, they have done a survey and the reason hybrid is the way to go rather than bio-mass is they have done a survey and most of the people that use their cars for work, they drive 2/3 of them, drive less than 40 miles one way. So what you do is you got this car, you get in the car, the electric engine can take it there or the small gasoline engine can take it there, you do your 40 miles, you come home and you plug it into your house. And overnight while you are sleeping, it charges up the battery so you are ready for the next day so you can do your next 40 miles. And that is my solution to where we have no problems with oil. Now you are going to say well, where are we going to get all the generation? Well, we also have, whether you agree realize it or not, is the nuclear plants are coming back, whether people like it or not. It is something that we as a jerk country, particularly with a jerk Governor that at that time was in office, that we would have Shoreham on this particular island here, we have no indigenous fuel here whatsoever and we wouldn’t have to worry about where we are getting our next kilowatt from, so the thing is you have nuclear plants run at night okay, take care of their load during the day. They have made nuclear plants, we have 104 of them in this country, 20 years, there has nobody been killed, the guy that was killed was a Chernobyl design, Russian design in Russia, which everybody forgets about. So the thing is, this is the way we go to solve our gas problem. So as I say, I don’t make an appearance that often but I just felt that I had to talk about Broadwater and I used it as an excuse, if you will, for touching upon a few other topics. I thank you for your attention. Supervisor Russell SUPERVISOR RUSSELL: Thank you very much. Thank you very much, Mr. Marschean, for your comments. Would anybody else like to address the Town Board? Benja Schwartz BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. How you doing, Scott? April 8, 2008 Page 43 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Good, how are you? MR. SCHWARTZ: Feeling better? We missed you. SUPERVISOR RUSSELL: Feeling much better. MR. SCHWARTZ: Okay. I wanted to touch base with you and ask you about some of the issues that were raised at that meeting which you were unable to attend. Has anything been done about the open space issue? Which the Town Board by town law is required to be involved in, along with the Planning Department. The reservation of open space or as they, parkland, as it is known as the Park and Playground fees although it could also be actual… SUPERVISOR RUSSELL: I had actually, when I had met with the developer, you are talking about the Heritage. I had met with him and enticing him to sell us half of that property, talked about the impacts of the Parks and Playground fees on his development and a conveyance of a substantial amount of property would get him out of the over $1,000,000 in Parks and Playgrounds fees he would have to pay. He doesn’t seem interested in discussing that issue. He has, since that time, offered us about 150 foot buffer, 100 foot reserve area and then 50 foot buffer off of that to the Town. Obviously that is not significant, it is not enough to get us to waive the $1,000,000 in Parks and Playground fees. But that certainly is part and parcel for the process that the Planning Board works on, in the give and take with the developer and the need for more open space. Substantial need for open space down there. MR. SCHWARTZ: So where do we stand? SUPERVISOR RUSSELL: Well, it is an application in process. He still has a long way to go before we get to the finer details of Parks and Playground fees. He has still got a mountain to climb before he even gets that far. And we are forcing our hands through that pos dec. The SEQRA process. MR. SCHWARTZ: Well, according to the town law it should be done as early as possible in the process and I don’t believe there is anything on the, formally in the application right now. I can’t see anything, I don’t see anything in the environmental impact statement referring to this. SUPERVISOR RUSSELL: Well, we had actually made it clear to him in the SEQRA and through several meetings of the need for open space down there. I think his current lot coverage is about 68%. The problem is most of his open space is in the middle. That is not how it works. You don’t get to retain the open space for your eventual buyers. You have to retain open space for the entire community and that is the process we are working on and we are, I think the Planning Board scheduled a meeting for him to talk about some design specifics over the next week or so. MR. SCHWARTZ: I hope that you can make it more clear because from what, as an observer of the process, the draft environmental impact statement that the developer submitted essentially April 8, 2008 Page 44 Minutes Southold Town Board Meeting said that we are going to have our own open space and we are going to use the community open space but we are not going to let the community use our open space. You know, and the consultant did not respond to that section. SUPERVISOR RUSSELL: There is no requirement for him to allow the community to use the open space, the only time that would be something that you would want to look at is if he would want to trade off public use for Parks and Playgrounds fee dollars. In other words, Farmveu in Mattituck for instance, has a lot of open space, some 50 acres. The public doesn’t get to use that, that is just a cluster requirement under the subdivision law. That 50 acres was created for the benefit to meet open space needs, not for the specific right of the public to use that. They still had to pay Parks and Playground fee when they created that subdivision. It would be no different in Cutchogue. He still owes us a great deal of open space, long before he can even talk to us about the waiving of fees for Parks and Playground fees. Which in that case is probably going to be over one million dollars. Kieran Corcoran, Asst Town Attorney ASSISTANT TOWN ATTORNEY CORCORAN: I don’t want to speak for the Planning Board but they did, in rejecting the DEIS and sending it back to him say, you need to address the issue of clustering. Clustering, part and parcel of clustering is the reservation of open space. So maybe they weren’t as clear perhaps as they wanted to be there but that is what it means. They asked him to cluster it, he didn’t and they rejected the DEIS. That was one of the many basis’. MR. SCHWARTZ: But just to quote from the law, the Planning Board shall first make a preliminary determination whether land reservation will be required and shall refer the proposal to the Town Board. So, this is something that is supposed to happen early on in the process to determine whether we are going to require dedication of actual land or impose a fee, you know? Supervisor Russell SUPERVISOR RUSSELL: It doesn’t have to be an either or but certainly when they sent in the original application and the Town’s pos dec declaration was a fundamental rejection of many of the aspects of his application. And we have, still have the right to require open space. And that is exactly what we are doing through this process. Benja Schwartz MR. SCHWARTZ: This was not addressed. SUPERVISOR RUSSELL: The open space… MR. SCHWARTZ: Section 1.3.6 on open space and DEIS was not mentioned in the developers review. Section 1.3.1 SUPERVISOR RUSSELL: You need to understand, that particular law…. MR. SCHWARTZ: 1.3.2, 1.3.3, 1.3.4, 1.3.5 were all specifically addressed. 1.3.6 was not addressed. April 8, 2008 Page 45 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: I think what you need to understand is that some aspects of the law allow you to trade in your requirement to pay Parks and Playground fees… MR. SCHWARTZ: Yeah. SUPERVISOR RUSSELL: For public benefit. You don’t have to do that but that is a way around $1,000,000 in fees. That is not, that is only one aspect. We want open space, it doesn’t mean that we are willing to waive the Parks and Playgrounds fees from you. You owe us a ton of open space to begin with. We will talk about the Parks and Playgrounds fees later but let’s see the open space first. The idea of that particular section that you are quoting is the idea that if you own a 20 acre lot and 15 acres is going to be held in open space, you can convey (inaudible) for public use and then we won’t charge Parks and Playgrounds fees to you. That is not the case here. I think you are actually almost arguing for the benefit of the developer here by forcing that issue. We want to see open space and we are not even interested in talking about waiving the Parks and Playgrounds fees. We want open space because that is what we require through our review process. MR. SCHWARTZ: My concern is that the issue not be overlooked and that it be addressed as soon as possible. SUPERVISOR RUSSELL: Okay. MR. SCHWARTZ: Are you aware that the developer has offered to sell the property to the Town? SUPERVISOR RUSSELL: He hasn’t offered it, certainly, to me at all. The owner or the contract vendee? MR. SCHWARTZ: I would say the contract vendee. SUPERVISOR RUSSELL: That would be the developer. I talked to him and his attorney several times and they had no interest in selling it to the Town. He has a substantial amount of money invested in this process which has been ongoing for about six years now. I approached them on that. They had no interest in it. MR. SCHWARTZ: Well, in section 5.1 on page 54 of the DEIS statement, it is written ‘it should be noted that the applicant is amenable to having the property acquired, as long as the public agency is willing to purchase the property at fair market price.’ SUPERVISOR RUSSELL: The entire property? Or an open space component? MR. SCHWARTZ: This is all, that is what he said. SUPERVISOR RUSSELL: I met with him and his attorney directly. April 8, 2008 Page 46 Minutes Southold Town Board Meeting MR. SCHWARTZ: That constitutes a legal offer, to sell the property to the Town. It is not enforceable, it is an offer, it suggests to me that the Town needs to take him up on that offer. I have taken the liberty of preparing a form here from the Department of Land Preservation to remind you that he has offered to sell the property to the Town but it is not necessarily for land preservation. I was here this morning when you were talking about the need for a new Justice Court and my impression was that the Town Board unanimously agreed that we need to plan to build a Justice Court facility, a dedicated Justice Court for the Town of Southold. Was I mistaken? SUPERVISOR RUSSELL: I think we said secure. A secure one. I would be reluctant to build one, it is cost prohibitive for Town’s to build facilities. Retro fitting an existing structure, whether I own it, I am sorry, whether the Town owns it or the individual owns it would be much more amenable for the Town. MR. SCHWARTZ: Well, what is the current lease on the Town Hall Annex? How long is that? SUPERVISOR RUSSELL: 2020. MR. SCHWARTZ: Okay, so we have got 20 years on that. SUPERVISOR RUSSELL: Yeah. MR. SCHWARTZ: So we have a little time but that will be coming up, too. SUPERVISOR RUSSELL: Mmmhmm. MR. SCHWARTZ: So we are looking at possible needs for additional Town Hall space… SUPERVISOR RUSSELL: That is right. And hopefully 20 years will open up opportunity, there is a lot of inventory that is out there already that I hope comes available to the Town, including that very bank building perhaps. Capital One’s long term game plan is not going to be the same as North Fork Bank. That might become available, I don’t know. But 20 years is how you create opportunities for yourself, if you are willing to pounce on them when they show up. We have had opportunities prior to my getting here, we didn’t take advantage of them. MR. SCHWARTZ: My point is, do we have an opportunity right now? SUPERVISOR RUSSELL: To buy 50 acres of land for a Justice Court? That is substantial, I don’t want to build one but I will… MR. SCHWARTZ: That is not what I am suggesting. SUPERVISOR RUSSELL: Oh, okay. MR. SCHWARTZ: To buy 46 acres of land at a very attractive price. I believe the price is April 8, 2008 Page 47 Minutes Southold Town Board Meeting comparable to the price that this Town has been paying for development rights. We also have some funding that this property could possibly purchase development rights and taken off and then sold back to farmers and preserved in agricultural use. There is a lot of possibilities… SUPERVISOR RUSSELL: Sure. MR. SCHWARTZ: But you know, if we are looking at securing a facility or building facility, buying or renting a Justice Court, I think we also need to think about the needs of our Police Department. You know? And Cutchogue Fire Department has a property which they recently paid $1,000,000 for. It is possible they could sell that off and put some of those funds towards buying part of this property. There are a lot of possibilities. SUPERVISOR RUSSELL: But let me ask you, do you ever… MR. SCHWARTZ: Why don’t you engage… SUPERVISOR RUSSELL: I did. I will take a copy of whatever you have with their statement, I met with them directly to discuss all options, including parcel preservation, outright preservation and they were much more resistant then. Is this for me, Benja? MR. SCHWARTZ: Yes. SUPERVISOR RUSSELL: Thank you. th MR. SCHWARTZ: You may keep that, that was delivered to the Town on December 24, I believe. The day before Christmas. The developer. So let’s look at it as a Christmas present and you know, not look a gift horse in the mouth. There are a lot of other issues that I would like to take up with the Board but I think we have had a nice short meeting tonight and there is always next meeting. So I thank you. SUPERVISOR RUSSELL: Thank you for the information, Benja. I appreciate that. Would anybody else like to address the Town Board? COUNCILMAN RULAND: Mr. Supervisor? Might I? Councilman Wickham COUNCILMAN WICKHAM: I wonder if we should announce that there will be a meeting at th 6:00 PM on April 15, here in this meeting hall regarding the future of Plum Island? We understand that the federal government is going to sponsor that meeting, there are a number of options about where animal disease research will be conducted in the United States, there are number of different possible locations. Plum Island is still being used, it could, in one way or th another continue to be used in the future. 6:00 PM April 15 in this room, the federal government will be managing a meeting, a public hearing to consider different options. Supervisor Russell SUPERVISOR RUSSELL: The, this is a continuation of the scoping for the location of a new April 8, 2008 Page 48 Minutes Southold Town Board Meeting Bio 4 facility. Plum Island, by virtue of its current status is automatically on that list. DHS, th Department of Homeland Security is offering that meeting here on the 15. I am going to serve as a quasi-host in the beginning and then pass off to Homeland Security, Mr. Cohen. Mr. Marschean? Dick Marschean MR. MARSCHEAN: Since you are talking about that, the way the newspaper wrote that article about the Plum Island thing, it sort of gave the impression that if we didn’t accept the 4, which we don’t want anyway, the thing is the 3…. SUPERVISOR RUSSELL: That is where it… MR. MARSCHEAN: Because it seems to me that the way it was written is they are looking to make a 3 and 4 combination someplace in the United States…. Supervisor Russell SUPERVISOR RUSSELL: Right. We could talk about the specifics after we close up this meeting and certainly that public hearing is the place you want to bring up that type of information. I also want to say, I will talk to you, we have taken a very active and assertive approach in opposing Broadwater in a legal front and a public front, I have spoken at hearings etc. I would love to talk to you about that later. Mr. Ruland? Councilman William Ruland COUNCILMAN RULAND: I would like to go back to Mrs. Egan’s remarks if you might. I sat here and pondered what you had said, specifically about the flashing lights and having been personally involved in the ones in Cutchogue, I know the uphill battle it is to get that. But I also know that the battle begins with the Board of Education. Having led that Board when we tried to get the lights. And if the Board of Education hasn’t initiated the initial request, it is never going to go anywhere. MS. EGAN: I, well, I will call the DOT myself. Sometimes my Irish laughter gets them over the hill. COUNCILMAN RULAND: Well, I will be happy to speak the Superintendent of schools and the Board president, both of whom are good acquaintances. MS. EGAN: Good. COUNCILMAN RULAND: And we will talk at the next meeting. MS. EGAN: Excuse me. And talk to our local police department about the accidents in front of the school. COUNCILMAN RULAND: Well, actually since the speed limit was lowered to 25, the police have been very active probably one of the reasons the Justice Court is overwhelmed with traffic summonses, because on a given day they could empty the book there and it is definitely, excuse April 8, 2008 Page 49 Minutes Southold Town Board Meeting me, living adjacent to that, it has definitely reduced the speed of the traffic but I would agree that in Cutchogue for instance, where the lights were an integral part of putting an elementary school, where the children are much younger than at the High School, that it does and it did at the time, it still does, serve as a deterrent. There is no doubt about that and there are also funding problems that come into that because the DOT does a lot of things. One of the things they don’t do, is pay. They help but they don’t do a lot of paying. But we, I would be happy, I will speak to the Board president and the Superintendent and see where they would like to go. Supervisor Russell MS. EGAN: Good. They should be on 24 hours a day, too. SUPERVISOR RUSSELL: Motion to adjourn? VII. 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 5:55 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell