HomeMy WebLinkAboutTB-06/03/2008 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK PO Box 1179
Southold, NY 11971
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OFFICE OF THE TOWN CLERK
SOUTHOLD TOWN BOARD
REGULAR MEETING
MINUTES
June 3, 2008
4:30 PM
A Regular Meeting of the Southold Town Board was held Tuesday, June 3, 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.
Call to Order
4:30 PM Meeting called to order on June 3, 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
I. Reports
1. Recreation Monthly Report
April 2008
II. Public Notices
1. NYS DEC Notice of Complete Application
NYS Office of Parks, REc & Historic Preservation to construct a rock-Faced gravel berm to
protect existing building structure at Oreint Beach State Park, Orient.
2. Application Renewal with NYS Liquor Authority
Joseph Paul Winery Inc., Farm Winery License Renewal, 18910 Middle Rd., Cutchogue
June 3, 2008 Page 2
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Southold Town Board Meeting
3. Notice of Application to Army Corps of Engineers
Eve Seber, to construction a ramp, fixed dock, floating dock with platform and a seasonal ramp,
Jockey Creek Southold
III. Communications
1. Letter from Robert A. Bloom Esq.
Letter complimenting Police Officer Jesnick for professionalism, courtesy, and good judgement.
IV. Discussion
1. 9:00 A.M. - Neb Brashich, Jamie Richter & Jim McMahon
Neb & Jamie - Bus Shelter
Jim McMahon:
Staffing
Trash Cans at road ends
Request for Streetlight, Tasker Lane, Greenport
DPW/Mowing Solid Waste Facility w/Jim Bunchuck
2. 9:15 A.M. - Jim Bunchuck
Proposals for private transfer stations
3. 9:30 A.M. - John Sepenoski
Property Offered to Town - possible 72H procedure
4. 10:00 A.M. - Mark Terry, John Sepenoski, Phillip Beltz
2008-2009 EPF LWRP Grant Concepts - Partnering with PEP
Wetland Training Course
Hamlet Implementation Status Report
Downtown Revitalization Grant - Mattituck Chamber
5. 10:30 A.M. - Cancelled
6. Oversight for Aminal Shelter
Councilman Wickham
7. Colony Pond Water
8. Rezoning - General Wayne Inn
June 3, 2008 Page 3
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Southold Town Board Meeting
9. Set Public Hearing for Regulations Governing Farm Stands
10. 12:30 P.M. - Lunch
11. Employee Attendance at Seminars, Conferences, Courses
12. Town Vehicls for Personal Use
Councilman Wickham
13. Planning & Zoning Meeting Agenda Items
Revising current rental law
Rental Law Permit
Other?
14. Community Preservation Fund Update
15. Update: Community Meeting Re: Building, Planning, Zoning Process
Supervisor Russell
16. Executive Session
Appointment - Discipline of employee
17. Executive Session
Employment Terms of a particular person - PD
Pledge to Flag
Opening Statements
SUPERVISOR RUSSELL: Would everybody please rise for the Pledge of Allegiance? Would
anybody like to come up and address the Town Board on any of the items that appear on the
agenda? Mrs. Egan? Please come on up.
UNIDENTIFIED: In regard to the Solid Waste District, I just want to take this opportunity to
give my opinion on…
SUPERVISOR RUSSELL: We, I don’t…
UNIDENTIFIED: Oh, is that separate?
SUPERVISOR RUSSELL: No, no. We actually are going to have a public hearing on that. Do
you want to refrain until, if you can stay here until the public hearing and then we will take all
that commentary? Would anybody else like to come up and address the Town Board on any
agenda item? Mrs. Egan.
June 3, 2008 Page 4
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Southold Town Board Meeting
JOAN EGAN: Joan Egan, East Marion. When does the air conditioning going on?
SUPERVISOR RUSSELL: We are actually, hopefully in the near future, have a new system in
here.
MS. EGAN: That doesn’t answer the question.
SUPERVISOR RUSSELL: Well, it is the best answer I have.
MS. EGAN: You don’t know. Oh, I did comment on two things. You know, paper comes from
trees whether it is recycled. Why do we need to redo the minutes? You know, they have all
been improved as we go along, there is a whole page, page 4, page5…
TOWN CLERK NEVILLE: I will explain that, Mrs. Egan. When we have a meeting, for
instance this meeting today, it will automatically go on to the next agenda as being approved.
However, there are times when we have so many public hearings or the meeting is so long, it is
not possible to do it in that two period and my office just forgot to put them back on. So we had
them go through the whole thing and pick everything that they didn’t see in the minutes as being
approved and put them on and not have them delete them in the future at all, to have them keep
popping up until they do get approved. So it is just a housekeeping thing.
MS. EGAN: In addition to that, I asked over here how much it costs us per meeting to put it on
people’s computers. I think you had originally told me $325?
TOWN CLERK NEVILLE: That is correct. That is correct. Exactly.
MS. EGAN: I don’t know whether it is really very effective…
TOWN CLERK NEVILLE: Not per meeting but per month. Whether it be this meeting or…
SUPERVISOR RUSSELL: There is a maintenance agreement $319 or $325 per month.
MS. EGAN: Yeah. I don’t know whether it is really serving its purpose. This is my opinion.
Because I just don’t know whether people are really looking at it and unfortunately when they do
turn it on, now this is a humongous crowd in comparison to what we usually have, I mean, this is
overflow. They get the opinion why bother? Nobody cares. So kind of run that through your
computer upstairs, okay?
TOWN CLERK NEVILLE: Actually, a lot of people do look at it, Mrs. Egan and we get a lot of
comments that they are happy that it is there, that they can look at it any time during the day….
MS. EGAN: Excuse me, I am not finished. They don’t do anything about it. Maybe they say
they like it but I don’t see them coming here, maybe you are getting letters, I don’t know. When
do the beaches open?
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Southold Town Board Meeting
SUPERVISOR RUSSELL: The beaches, I believe, is Memorial Day. We had them staffed on
Memorial Day weekend.
MS. EGAN: With lifeguards?
SUPERVISOR RUSSELL: The lifeguards we are hiring this evening, I believe.
TOWN CLERK NEVILLE: They come in the end of June.
SUPERVISOR RUSSELL: The end of June. That is what, I am sorry, we are hiring lifeguards
this weekend but we have had the DPW out getting the beaches all ready and everything like
that.
MS. EGAN: Oh, okay. Incidentally, you have runoff soil by your beach, your main beach up
here. Oh, here we go again, item 553. I don’t understand why Mrs. McLoughlin has to go to
Albany and this is no nickel and dime thing, this is two days, two nights, food and travel. I think
this is wrong, it can be handled by computer, telephone whatever. I don’t understand all this
about item 554, about all this change at the Human Resource Center or Accounting. Somebody
in and out. Hello?
SUPERVISOR RUSSELL: Yes, I am reading it right now to give you an answer. I believe this
was for a Food Service worker who had an extended leave of absence and we are now not only
bringing that person back, I am sorry, instead of bringing that person back we are promoting a
part time worker to a full time worker, starting May 30, 2008.
MS. EGAN: So will we be putting somebody in the Human Resource Center or will we be…
SUPERVISOR RUSSELL: We will be elevating a part timer to a full timer to fill the void of the
part timer who is on extended medical leave.
MS. EGAN: Okay. Here we go again, I think there are two of them. 556, land preservation,
now I think that is a day trip, that one I don’t mind. Oh, these ferry boat captains, what kind of a
license do they have?
SUPERVISOR RUSSELL: Ferry boat captains?
MS. EGAN: Mmmhmm.
SUPERVISOR RUSSELL: United States Coast Guard requirements for that size vessel. I don’t
know the specifics on that.
MS. EGAN: For the size vessel…
SUPERVISOR RUSSELL: Yeah, this is all, this is actually regulated enterprise. Regulated by
June 3, 2008 Page 6
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Southold Town Board Meeting
the US Coast Guard, subject to inspection etc.
MS. EGAN: Okay. Item 560, again more equipment for the Solid Waste Management…
SUPERVISOR RUSSELL: In fairness, it took us two months to make that decision. We had
that discussion 50 times on that lawnmower. We grudgingly agreed to buy it today.
MS. EGAN: Okay, item 561, these are located on Fishers Island and this is the police
department and I don’t know how many of you up there but I am sure most of you must be aware
that we are now down by four policemen and you have one agenda here about another police
officer that is leaving. So are we replacing him?
COUNCILMAN ORLANDO: I believe that is the same officer.
MS. EGAN: I know, it is Knoll but four are out on disability as we speak. So we are way down.
SUPERVISOR RUSSELL: Yes, we are.
MS. EGAN: So what are we going to do?
SUPERVISOR RUSSELL: Hopefully get them back to work as soon as possible.
MS. EGAN: I know that but in the interim are we replacing Officer Knoll?
SUPERVISOR RUSSELL: We have budgeted in this year’s budget to add one new police
officer based on our budget. We have one police officer who we believe is retiring, actually
resigning and moving to greener pastures elsewhere.
MS. EGAN: Yeah.
SUPERVISOR RUSSELL: Those two will be replaced and one will be hired and one will be
replaced when the county is done doing the background check for the current list of applicants.
In other words, they took a civil service list, we have about 12 or 13 applicants on that list; the
background, investigations, all of that is being done now. They just had the physical, I believe,
at the county academy about two weeks ago. It is a long process.
MS. EGAN: Okay. Item 562, this is Corazzini. Number one, he doesn’t fly the American flag
anymore and he is the only one we get bids from for this kind of work?
SUPERVISOR RUSSELL: Usually small work like that, we might get one or two. He is the
most competitive mostly because of the transportation costs for the other bidders at this point.
The cost of gas or the cost of diesel is making it prohibitive.
MS. EGAN: Well, you ought to pipe Mr. Forrester and tell him that Mr. Corazzini himself has
runoff soil. And that is against the law. Oh, 565, why do we need a consultant for the Planning
June 3, 2008 Page 7
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Southold Town Board Meeting
Board? I told you this Planning Board should be dissolved. They have done a terrible job. 565,
566.
SUPERVISOR RUSSELL: Let me clarify. 565 is actually money that had been allocated in the
budget. There is no specific consultant, it is a money line. It is an appropriation. We are taking
$2,500 from that line, moving it over to meetings and seminars so we can send two staffers to a
wetlands delineation course that is being offered, which you will be able to speak on that
resolution because you will probably go ahead and see it for the identification of wetlands for
purposes of wetlands applications etc.
MS. EGAN: How many employees do we have in the Planning Department? In my opinion, we
have too many but how many do we have?
SUPERVISOR RUSSELL: I don’t think we have enough. We have just added two. One hasn’t
even started yet. I can tell you, we have the Director of Planning, we have Principal Planner, we
have Site Planner Reviewer, we have the two support staff. We have just hired a new Site Plan
Reviewer and within the next coming weeks, for lack of a better term, Provisional Planner.
MS. EGAN: IT is wrong. Oh, now item 567, these salaries. How are these clerks or Spanish
speaking who help people, you know, in court here, how is that done? They are not paid yearly,
they are paid by the hour.
SUPERVISOR RUSSELL: Those are per diem, those are translators who are hired per diem
from an available list with the clerk’s office, with the Justices’ office. This is actually a separate
position. This would be a position for a clerk typist in the Justice Court. The only distinction is
that it is a Justice Court position that would be a Spanish language requirement to fill the
position and that would hopefully provide us with more ability to communicate with some of our
residents who can’t speak English and eliminate the need to rely on per diem translators.
MS. EGAN: Yeah. Okay. Now any feedback on when we will be getting a new courtroom?
SUPERVISOR RUSSELL: Yes, we actually just had a meeting about one week ago with the
local Justices here, we are now sent a schematic, two different schematics on size buildings out
to a consultant. I know you don’t like that word, to help us place out the cost for both. One
would be for about 4,500 square feet. The other one, which I think quite frankly is too pie in the
sky, would be about 7,300 square feet. And we are looking at the pre fab market, just as an
option, to determine whether we could put one in place and determine whether we could put one
in place.
MS. EGAN: When?
SUPERVISOR RUSSELL: We just went out, last week we sent everything over to him for
estimates. Cost estimates.
MS. EGAN: So when do you think it might happen?
June 3, 2008 Page 8
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Southold Town Board Meeting
SUPERVISOR RUSSELL: Oh, I don’t know. We have got to figure out the finances involved
with that. I am hoping to get my estimates back so I figure out what I am looking at, in terms of
what the cost is.
MS. EGAN: Yeah, well I hope it will be pretty soon. Oh, item 557, that is the resignation of
Joseph Knoll, the police officer. Now, item 572, will that be covered, this is separate from the,
our Transfer Station, correct?
SUPERVISOR RUSSELL: Yes. It is a private enterprise by a local carting family. What we are
required to do is to evaluate that in light of our own Solid Waste Disposal plant.
MS. EGAN: Yeah.
SUPERVISOR RUSSELL: We’ve, we are proposing to engage the services of this particular
consultant to evaluate that plan in the context of our larger, regional plan.
MS. EGAN: Yeah. Well, they may be the people who would buy our dump and that would be
good. Get rid of it.
SUPERVISOR RUSSELL: For the kind of money we spend there, it is called a transfer station.
MS. EGAN: Hmmm?
SUPERVISOR RUSSELL: I said, for the kind of money we spend down there, we don’t call it a
dump anymore, we call it a transfer station.
MS. EGAN: It will always be a dump. You know that, dear. Oh, item 575, I am sure the, we
will be putting new lights on Tasker Lane in Greenport and I am sure most of you and I hope a
lot of you have been watching the Town Hall meeting, not the meeting but other things we
review on illumination. So I hope when they do these, they do it properly.
SUPERVISOR RUSSELL: Dark skies compliant. We had made that a mandate to them. To the
engineer.
MS. EGAN: Good. Are we changing all our lighting as we go along?
SUPERVISOR RUSSELL: Certainly. As we go along. All new lighting we are trying to retro
fit many as we go, of course, it is an expensive process but we are getting there.
MS. EGAN: Oh, absolutely.
SUPERVISOR RUSSELL: Reducing and retiring those copra heads.
MS. EGAN: Now, item 577, what is $3,000? Do we really need to spend $3,000 to do this?
June 3, 2008 Page 9
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Southold Town Board Meeting
Anybody?
SUPERVISOR RUSSELL: Yes.
MS. EGAN: You think so? Everybody up there agrees?
COUNCILMAN KRUPSKI: We had a long discussion about this at the work session today. We
didn’t do this lightly and I think most of the Board agreed that it was the appropriate thing to do.
COUNCILMAN ORLANDO: The long term goal is, they will be certified to identify wetlands
and delineate them. So they will be able to help us in the future so we don’t have to hire a
consulting firm.
MS. EGAN: And this can’t be done by computer, telephone, writing? This all, we have to spend
another $3,000? And then they will all come back and say, we are fine. I did notice that you
took off of the previous agenda for, where was it, the Fisher Island people to go to Las Vegas. I
almost died when I saw that.
SUPERVISOR RUSSELL: I don’t know if you noticed that resolution…
MS. EGAN: Huh?
SUPERVISOR RUSSELL: They already went to Las Vegas. We got the resolution about one
month later. However, let me point out, that it is not a cost to the taxpayers of this Town. This is
the Fishers Island Ferry District that finances their own operation through their ferry fees. We
are just a Town that more or less supports them, the (inaudible) of that district. But we are not
paying for that. That is their cost to be borne by them only.
MS. EGAN: Well, I hope Judge Evans stays on top of them, huh? That is it for now. Thank
you very much.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the agenda items?
NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz. I got here a little late, I
am just going to page 2, the minutes that were approved. Is that part of the resolution that I can
speak on?
SUPERVISOR RUSSELL: Sure.
MS. SAWASTYONWICZ: I am just curious, there are some from 2005 and they jump all over.
What is that all about?
COUNCILMAN KRUPSKI: I have been, Betty explained that just a little while ago. I have
been an elected official since 1985 and this is the first time that the Town Clerk has made an
error. So I was a little surprised.
June 3, 2008 Page 10
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Southold Town Board Meeting
SUPERVISOR RUSSELL: It is cleaning up the technical aspects that have been overlooked with
the new Minute Traq system.
TOWN CLERK NEVILLE: It comes up, our meeting tonight, is going to automatically come up
and go on the agenda as for the minutes being approved. However, that is not always possible
due to the length of the hearings, the Town Board meetings, number of hearings; they can’t
always be completed by the next meeting. so my staff has been deleting them off and just
neglected to put these back on.
MS. SAWASTYNOWICZ: Okay. So these weren’t approved for….
TOWN CLERK NEVILLE: They went through everything and checked everything back and
forth and from now on they will not delete it at all, it will just keep popping up until they are
approved.
MS. SAWASTNYOWICZ: Thank you.
SUPERVISOR RUSSELL: Would anyone else like to address the agenda items? (No response)
Hearing none, let’s move forward.
Minutes Approval
RESOLVEDaccepts the minutes dated
that the Town Board of the Town of Southold hereby :
Tuesday, December 20, 2005
? Vote Record - Acceptance of Minutes for December 20, 2005 7:30 PM
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William Ruland Voter
????????
Vincent Orlando Voter
?
Accepted
??????????
Accepted as Amended Albert Krupski Jr. Voter
??
Tabled ????????
Thomas H. Wickham Seconder
????????
Louisa P. Evans Initiator
????????
Scott Russell Voter
RESOLVEDaccepts the minutes dated
that the Town Board of the Town of Southold hereby :
Wednesday, October 25, 2006
? Vote Record - Acceptance of Minutes for October 25, 2006 12:00 AM
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
June 3, 2008 Page 11
Minutes
Southold Town Board Meeting
RESOLVEDaccepts the minutes dated
that the Town Board of the Town of Southold hereby :
Wednesday, June 06, 2007
? Vote Record - Acceptance of Minutes for June 6, 2007 9:00 AM
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William Ruland Voter
????????
Vincent Orlando Voter
?
Accepted
??????????
Accepted as Amended Albert Krupski Jr. Voter
??
Tabled ????????
Thomas H. Wickham Seconder
????????
Louisa P. Evans Initiator
????????
Scott Russell Voter
RESOLVEDaccepts the minutes dated
that the Town Board of the Town of Southold hereby :
Tuesday, June 19, 2007
? Vote Record - Acceptance of Minutes for June 19, 2007 4:30 PM
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William Ruland Voter
????????
? Vincent Orlando Voter
Accepted
??????????
Accepted as Amended Albert Krupski Jr. Voter
??
Tabled
????????
Thomas H. Wickham Seconder
????????
Louisa P. Evans Initiator
????????
Scott Russell Voter
RESOLVEDaccepts the minutes dated
that the Town Board of the Town of Southold hereby :
Tuesday, August 28, 2007
? Vote Record - Acceptance of Minutes for August 28, 2007 7:30 PM
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William Ruland Voter
????????
? Vincent Orlando Voter
Accepted
??????????
Accepted as Amended Albert Krupski Jr. Voter
??
Tabled ????????
Thomas H. Wickham Seconder
????????
Louisa P. Evans Initiator
????????
Scott Russell Voter
RESOLVEDaccepts the minutes dated
that the Town Board of the Town of Southold hereby :
Thursday, October 25, 2007
? Vote Record - Acceptance of Minutes for October 25, 2007 11:30 AM
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William Ruland Voter
????????
Vincent Orlando Voter
?
Accepted
??????????
Accepted as Amended Albert Krupski Jr. Voter
??
Tabled ????????
Thomas H. Wickham Seconder
????????
Louisa P. Evans Initiator
????????
Scott Russell Voter
RESOLVEDaccepts the minutes dated
that the Town Board of the Town of Southold hereby :
Wednesday, November 07, 2007
June 3, 2008 Page 12
Minutes
Southold Town Board Meeting
? Vote Record - Acceptance of Minutes for November 7, 2007 7:00 PM
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William Ruland Voter
????????
Vincent Orlando Voter
?
Accepted
??????????
Accepted as Amended Albert Krupski Jr. Voter
??
Tabled ????????
Thomas H. Wickham Seconder
????????
Louisa P. Evans Initiator
????????
Scott Russell Voter
RESOLVEDaccepts the minutes dated
that the Town Board of the Town of Southold hereby :
Tuesday, November 20, 2007
? Vote Record - Acceptance of Minutes for November 20, 2007 4:30 PM
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William Ruland Voter
????????
? Vincent Orlando Voter
Accepted
??????????
Accepted as Amended Albert Krupski Jr. Voter
??
Tabled
????????
Thomas H. Wickham Seconder
????????
Louisa P. Evans Initiator
????????
Scott Russell Voter
RESOLVEDaccepts the minutes dated
that the Town Board of the Town of Southold hereby :
Tuesday, December 04, 2007
? Vote Record - Acceptance of Minutes for December 4, 2007 7:30 PM
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William Ruland Voter
????????
? Vincent Orlando Voter
Accepted
??????????
Accepted as Amended Albert Krupski Jr. Voter
??
Tabled ????????
Thomas H. Wickham Seconder
????????
Louisa P. Evans Initiator
????????
Scott Russell Voter
RESOLVEDaccepts the minutes dated
that the Town Board of the Town of Southold hereby :
Tuesday, April 08, 2008
? Vote Record - Acceptance of Minutes for April 8, 2008 4:30 PM
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William Ruland Voter
????????
Vincent Orlando Voter
?
Accepted
??????????
Accepted as Amended Albert Krupski Jr. Voter
??
Tabled ????????
Thomas H. Wickham Seconder
????????
Louisa P. Evans Initiator
????????
Scott Russell Voter
RESOLVEDaccepts the minutes dated
that the Town Board of the Town of Southold hereby :
Tuesday, April 22, 2008
? Vote Record - Acceptance of Minutes for April 22, 2008 7:30 PM
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William Ruland Voter
????????
Vincent Orlando Voter
?
Accepted
??????????
Accepted as Amended Albert Krupski Jr. Seconder
??
Tabled ????????
Thomas H. Wickham Voter
????????
Louisa P. Evans Initiator
????????
Scott Russell Voter
June 3, 2008 Page 13
Minutes
Southold Town Board Meeting
V. Resolutions
2008-541
CATEGORY:
Audit
DEPARTMENT:
Town Clerk
Approve Audit Dated 6/3/08
RESOLVED approves the audit dated
that the Town Board of the Town of Southold hereby
June 3, 2008.
? Vote Record - Resolution RES-2008-541
?
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
2008-542
CATEGORY:
Set Meeting
DEPARTMENT:
Town Clerk
Set Next Meeting 6/17/08
RESOLVED
that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday, June 17, 2008 at the Southold Town Hall, Southold, New York at 7:30 P. M..
? Vote Record - Resolution RES-2008-542
?
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 Initiator
??
Rescinded
2008-544
CATEGORY:
Budget Modification
DEPARTMENT:
Town Clerk
June 3, 2008 Page 14
Minutes
Southold Town Board Meeting
Budget Modification - FIFD
Fiscal Impact:
A result of necessary, additional work that was required during the dry-docking of the Munnatawket
RESOLVEDmodifies the 2008 Fishers
that the Town Board of the Town of Southold hereby
Island Ferry District budget as follows:
FROM:
SM 5710.2.000.200 Race Point Repairs $9,000.
TO:
SM 5710.2.000.100 Munnatawket Repairs $9,000.
? Vote Record - Resolution RES-2008-544
?
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 Initiator
??
Tax Receiver's Appt
????????
Scott Russell Voter
??
Rescinded
2008-546
CATEGORY:
Employment - FIFD
DEPARTMENT:
Town Clerk
Promotion of Traub FIFD
RESOLVEDpromotes James Traub to
that the Town Board of the Town of Southold hereby
the position of full time deck hand for the Fishers Island Ferry District
at $16.00/hour,
effective June 12, 2008, as he has completed his one year, on deck probationary period.
? Vote Record - Resolution RES-2008-546
?
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
2008-547
CATEGORY:
Employment - FIFD
DEPARTMENT:
Town Clerk
June 3, 2008 Page 15
Minutes
Southold Town Board Meeting
Appoint Eagan FIFD
RESOLVEDappoints Daniel Eagan of
that the Town Board of the Town of Southold hereby
Norwich, CT, to the position of part time, seasonal deckhand for the Fishers Island Ferry
District
, effective June 4, 2008 at a rate of $9.00 per hour.
? Vote Record - Resolution RES-2008-547
?
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
2008-548
CATEGORY:
Employment - FIFD
DEPARTMENT:
Town Clerk
Appoint Ricker FIFD
RESOLVEDappoints Adolph Ricker of
that the Town Board of the Town of Southold hereby
New London, CT, to the position of a part time, seasonal laborer for the Fishers Island
Ferry District
, effective June 4, 2008 at a rate of $11.00 per hour.
? Vote Record - Resolution RES-2008-548
?
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
2008-549
CATEGORY:
Employment - FIFD
DEPARTMENT:
Town Clerk
3.5% Pay Increase FIFD Pt Employees
RESOLVEDapproves the 2008 Part
that the Town Board of the Town of Southold hereby
June 3, 2008 Page 16
Minutes
Southold Town Board Meeting
Time 3.5% Pay Increase Proposal for the following NL-based Employees, effective June 12,
2008:
Name Current New
Bridgeman 11.00 11.39
Burdick 11.67 12.07
Burgess 30.13 31.18
Davis 10.08 10.43
Egan 9.00 9.32
Evanko 11.00 11.39
Felker 10.00 10.35
Gauthier 9.54 9.87
Gelman 11.54 11.94
Gilmore 11.00 11.39
Glidewell 9.27 9.59
Grote, D 14.49 15.00
Gural 16.33 16.90
Keating 22.50 23.29
Killam 13.79 14.27
LeFevre 10.00 10.35
Lynch, D 9.27 9.59
Marks, D 9.27 9.59
Marks, J 9.54 9.87
McElligott 11.00 11.39
McVeigh 11.00 11.39
Mirabelli 22.50 23.29
Ricker 23.35 24.17
Schweizer 9.00 9.32
Searle 11.27 11.66
Smith 10.08 10.43
Tulba 9.27 9.59
Walker 11.14 11.53
Willett 9.54 9.87
Yale 11.00 11.39
? Vote Record - Resolution RES-2008-549
?
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
June 3, 2008 Page 17
Minutes
Southold Town Board Meeting
2008-550
CATEGORY:
Attend Seminar
DEPARTMENT:
Land Preservation
NYS Ag&Mks Farmland Grant Workshop Attendance
RESOLVED grants permission to
that the Town Board of the Town of Southold hereby
Melissa Spiro and Melanie Doroski to attend the “Round 12 Farmland Protection
Implementation Grants (FPIG) Program Applicant Workshop”, sponsored by the New
York State Department of Agriculture and Markets in Riverhead, New York, on June 17,
2008.
Registration, travel, and other related expenses, if any, to be a legal charge to the 2008
Land Preservation Department budget line A.8710.4.600.200 (meetings and seminars).
? Vote Record - Resolution RES-2008-550
?
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
2008-551
CATEGORY:
Employment - Town
DEPARTMENT:
Human Resource Center
Hiring PT Food Service Worker HRC
RESOLVEDappoints John C. Neville
that the Town Board of the Town of Southold hereby
to the position of a part time Food Service Worker
for the Human Resource Center, effective
June 4, 2008, at a rate of $12.56 per hour at 17.5 hours per week
? Vote Record - Resolution RES-2008-551
?
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
June 3, 2008 Page 18
Minutes
Southold Town Board Meeting
2008-552
CATEGORY:
Employment - Town
DEPARTMENT:
Recreation
Hire 2008 Seasonal Employees
RESOLVEDappoints the
that the Town Board of the Town of Southold hereby
following 2008 seasonal summer staff for the period June 28 - September 1, 2008 as
follows:
STILLWATER LIFEGUARDS HOURLY SALARY
1. Thomas Boucher (2nd year) ………….……………………….. $12.44
2. Gibson Campbell (6th year)…………………………………….. $13.54
3. Francesca Dellaquilla (2nd year)………………………………… $12.44
4. Jordan Doroski (6th year)………………………………………. $13.54
5. Elissa Fondiller (5th year)………………………………………. $13.27
6. Ian Grinere (1st year)…………………………………………… $12.17
7. Sydney DiMaggio (1st year)……………………………………. $12.17
8. Julianne Hall (2nd year)……………………………..…………… $12.44
9. Benjamin Johnson (2nd year)…………………………………… $12.44
10. Alyssa Knoernschild (2nd year)………………………………… $12.44
11. Brittany Knote (3rd year)……….………………...........………. $12.72
12. Nicole Kozlowska (1st year)……………………………………. $12.17
13. Jaimie MacDonald (4th year)……………….…………………. $12.99
14. Christiana Marron (2nd year)…………………………………… $12.44
15. Faye Miller (2nd year)………………………………….………… $12.44
16. Jessica Orlando (1st year)……………………………………… $12.17
17. Colin Palladino (3rd year)…………………………........……… $12.72
18. Lindsay Riemer (6th year)…………………………………….… $13.54
19. Thomas Smith (2nd year)……………………………………….. $12.44
20. Jennifer Whyard (9th year)……………………………………… $14.37
21. Sean Whyard (5th year)…………………………………………. $13.27
22. Laura Young (7th year)………………………………………….. $13.82
BEACH ATTENDANTS
1. Krista Bracken (2nd year)……………………………………….. $9.58
2. James Crosser (2nd year)……………………………………….. $9.58
3. Emily Fingerle (1st year)………………………………………… $9.42
4. Kaitlyn Fingerle (2nd year)…………………………………….. $9.58
5. Emily Hudson (1st year)…………………………………………. $9.42
6. Michael Jemmott (1st year)………………………………………. $9.42
7. Kevin Metz (1st year)……………………………………………. $9.42
8. Jason Petrucci (3rd year)………………………………………… $9.75
June 3, 2008 Page 19
Minutes
Southold Town Board Meeting
RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS)
1. Gibson Campbell (1st year)…………………………………...... $16.57
2. Emily Harper (5th year)………………………………………….. $17.57
BEACH MANAGERS
1. Arthur Quintana (20th year)…………………………………….. $15.94
2. Timothy McElroy (2nd year)………………………...........…….. $13.84
RECREATION AIDES (PLAYGROUND INSTRUCTORS)
1. Doreen Mazzaferro (2nd year )…………………………………. $11.59
2. Kaitie Mazzaferro (3rd year)……………………………………. $11.84
LIFEGUARD TRAINER
1. Deborah Hennenlotter (7th year)……………………………….. $17.24
? Vote Record - Resolution RES-2008-552
?
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
2008-553
CATEGORY:
Attend Seminar
DEPARTMENT:
Human Resource Center
Permission for K. McLaughlin to Attend Seminar
RESOLVED grants permission to Karen
that the Town Board of the Town of Southold hereby
Creating Communities to
McLaughlin, Director of Human Services , to attend a seminar on
Agein Place
sponsored by the New York State Association of Area Agencies on Aging in
Albany, New York ,on June 17th and 18th , 2008.
All expenses for registration, travel and
lodging to be a legal charge to the 2008 Programs for the Aging budget (meetings and
seminars).
June 3, 2008 Page 20
Minutes
Southold Town Board Meeting
? Vote Record - Resolution RES-2008-553
?
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
2008-554
CATEGORY:
Employment - Town
DEPARTMENT:
Accounting
Amend Resolution 2008-477
RESOLVED that the Town Board of the Town of Southold hereby amends resolution No.
2008-477 which was adopted on May 6, 2008 to the following:
WHEREAS
a full-time Food Service Worker in the Human Resource Center is out of work on
sick leave since May 1, 2008 due to a medical condition and is was expected to return to work on
June 4, 2008 June 2, 2008, and
WHEREAS
said full-time Food Service Worker did return to work on June 2, 2008, but is now
unable to work for at least several more weeks and
WHEREAS
the Human Resource Center needs a part-time Food Service Worker to fill in for
the full-time Food Service Worker while the full-time Food Service Worker is out of work on
sick leave, now therefore be it
RESOLVED
that the Town Board of the Town of Southold hereby changes the status of Food
Service Worker Donna Goodale from part-time to full-time for the period May 7, 2008 June 4,
2008 May 30, 2008, and for no more than an additional 30-day period commencing June 3, 2008
and be it further
RESOLVED
that the Town Board of the Town of Southold hereby changes the hourly rate of
pay change for Food Service Worker Donna Goodale from $12.56 to $13.7255, for the period
June 3, 2008 Page 21
Minutes
Southold Town Board Meeting
from May 7, 2008 to June 4, 2008 May 30, 2008, and for no more than an additional 30-day
period commencing June 3, 2008.
.
? Vote Record - Resolution RES-2008-554
?
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
2008-555
CATEGORY:
Employment - Town
DEPARTMENT:
Accounting
Amend Resolution 2008-214 James Finno Retirement
RESOLVED that the Town Board of the Town of Southold hereby amends resolution No.
2008-514 adopted on May 20, 2008 as follows:
RESOLVED
that the Town Board of the Town of Southold hereby accepts with regret
acknowledges the retirement of James Finno from the position of Construction Equipment
Operator in the Highway Department
, effective May 31, 2008 May 3, 2008.
? Vote Record - Resolution RES-2008-555
?
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 Initiator
??
Rescinded
2008-556
CATEGORY:
Attend Seminar
DEPARTMENT:
Land Preservation
Attend Meeting NYS Farmland Protection Program
RESOLVEDgrants permission to
that the Town Board of the Town of Southold hereby
June 3, 2008 Page 22
Minutes
Southold Town Board Meeting
Melissa Spiro, in her capacity as Land Preservation Coordinator for the Town of Southold,
to attend a meeting on June 2, 2008, in Albany, New York with Commissioner Hooker of
NYS Agriculture and Markets to discuss and support the New York State Farmland
Protection Program.
All expenses for travel 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-2008-556
?
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
2008-557
CATEGORY:
Employment - FIFD
DEPARTMENT:
Accounting
Promote Bryan Grote to Ferry Captain
WHEREAS
Bryan Grote has received his USCG Captains license and has provided the
Commissioners of the Fishers Island Ferry District with appropriate proof of same, now therefore
be it
RESOLVEDpromotes Bryan Grote to
that the Town Board of the Town of Southold hereby
the position of Ferry Captain
for the Fishers Island Ferry District, effective May 29, 2008,at a
rate of $18.00 per hour.
? Vote Record - Resolution RES-2008-557
?
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
2008-558
CATEGORY:
Employment - FIFD
DEPARTMENT:
Accounting
June 3, 2008 Page 23
Minutes
Southold Town Board Meeting
Rescind Resolution 2008-504 Raises for Ferry Captain
RESOLVED
that the Town Board of the Town of Southold hereby rescinds resolution No,
raised the hourly wage of the following two (2)
2008-504 adopted on May 20, 2008, which
Fishers Island Ferry District employees,
who have taken and passed their USCG Captains
license and are now Captains in training, accordingly, effective May 29, 2008:
John Morgan $18.60
Bryan Grote $18.00
? Vote Record - Resolution RES-2008-558
?
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
2008-560
CATEGORY:
Budget Modification
DEPARTMENT:
Solid Waste Management District
SWMD Lawnmower
Fiscal Impact:
Transfer of funds to allow for the purchase of a lawnmower for the SWD to replace an 18-yr old Bobcat
mower that no longer functions.
RESOLVEDmodifies the 2008
that the Town Board of the Town of Southold hereby
Solid Waste Management District budget as follows:
From:
Maintenance – Facilities/Grounds SR 8160.4.100.800 $ 3,000.00
Landscaping Supplies SR 8160.4.100.900 $ 2,000.00
To:
Landscaping Equipment SR 8160.2.500.250 $ 5,000.00
June 3, 2008 Page 24
Minutes
Southold Town Board Meeting
? Vote Record - Resolution RES-2008-560
?
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
2008-561
CATEGORY:
Authorize to Bid
DEPARTMENT:
Police Dept
Authorize and Direct Town Clerk to Advertise for Bids on Surplus Police Vehicles
RESOLVEDauthorizes and directs the
that the Town Board of the Town of Southold hereby
Town Clerk to advertise for bids for the following surplus equipment located on Fishers
Island. One vehicle is located at the Mobil station and one at the airfield.
1992 Ford - 2FACP72WONX206520 - 98,991 miles
1995 Chevrolet - 1GIBL52P25R153557 - unknown mileage
Contact person is Lt. H. William Sawicki (631) 765-2600. Vehicles are in "as is" condition.
? Vote Record - Resolution RES-2008-561
?
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
2008-562
CATEGORY:
Bid Acceptance
DEPARTMENT:
Public Works
Kenny’s Beach Resurfacing
RESOLVED accepts the proposal of
that the Town Board of the Town of Southold hereby
Corazzini Asphalt Inc., to resurface the Kenny’s Beach Parking Lot, as per the bid of
Corazzini Asphalt, Inc to supply the town with Bituminous Surface Treatment & Schim
June 3, 2008 Page 25
Minutes
Southold Town Board Meeting
Mix Asphalt Concrete (Resolution 2008-384)
in the amount of $19,289, all in accordance with
the Town Attorney.
? Vote Record - Resolution RES-2008-562
?
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 Initiator
??
Rescinded
2008-563
CATEGORY:
Bid Acceptance
DEPARTMENT:
Public Works
Klipp Park Resurfacing
RESOLVED accepts the proposal of
that the Town Board of the Town of Southold hereby
Corazzini Asphalt, Inc., to resurface the Klipp Beach Parking Lot, as per the bid of
Corazzini Asphalt, Inc., to supply the town with Bituminous Surface Treatment & Schim
Mix Asphalt Concrete (Resolution 2008-384)
in the amount of $31,870, all in accordance with
the Town Attorney.
? Vote Record - Resolution RES-2008-563
?
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
2008-564
CATEGORY:
Contracts, Lease & Agreements
DEPARTMENT:
Recreation
Hire Summer Recreation Program Instructors
RESOLVEDauthorizes and directs Supervisor
that the Town Board of the Town of Southold
Scott A. Russell to execute an agreement with the following individuals for the summer
2008 recreation programs
, all in accordance with the approval of the town attorney. Funding
June 3, 2008 Page 26
Minutes
Southold Town Board Meeting
for the instructors listed below has been budgeted for in the recreation department's 2008
instructor line A7020.4.500.420.
Dan McGunnigle (summer gym program)……………….. $50/person enrolled
Jeff Ellis (summer gym program)……………….……….. $50/person enrolled
? Vote Record - Resolution RES-2008-564
?
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
2008-565
CATEGORY:
Budget Modification
DEPARTMENT:
Planning Board
Budget Modification - Planning
RESOLVEDmodifies the 2008
that the Town Board of the Town of Southold hereby
Planning Department budget as follows:
From:
B.8020.4.500.500 Planning Consultant $2,500
To:
B.8020.4.600.200 Meetings & Seminars $2,500
? Vote Record - Resolution RES-2008-565
?
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
2008-566
CATEGORY:
Budget Modification
DEPARTMENT:
Planning Board
Budget Modification Planning
June 3, 2008 Page 27
Minutes
Southold Town Board Meeting
RESOLVEDmodifies the 2008
that the Town Board of the Town of Southold hereby
Planning Department budget as follows:
From:
B.8020.4.500.500 Planning Consultant $750
To:
B.8020.4.100.200 Field Supplies $750
? Vote Record - Resolution RES-2008-566
?
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
2008-567
CATEGORY:
Employment - Town
DEPARTMENT:
Accounting
Salary - Justice Court Clerk (Spanish Speaking)
RESOLVEDestablishes the annual rate
that the Town Board of the Town of Southold hereby
of pay for Justice Court Clerk (Spanish Speaking)
as follows:
Effective Date/ Step Entry Level 1 2 3 4 5
January 1, 2008 33,742.77 36,806.49 38,031.98 39,686.39 40,911.88 43,975.60
January 1, 2009 35,008.12 38,186.73 39,458.18 41,174.63 42,446.08 45,624.69
January 1, 2010 36,320.93 39,618.74 40,937.86 42,718.68 44,037.80 47,335.61
? Vote Record - Resolution RES-2008-567
?
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
2008-568
CATEGORY:
Attend Seminar
DEPARTMENT:
Planning Board
June 3, 2008 Page 28
Minutes
Southold Town Board Meeting
Planning Seminar
Fiscal Impact:
The cost is $25 per person, plus the cost of fuel to travel to and from Southampton.
RESOLVED grants permission to
that the Town Board of the Town of Southold hereby
Jerilyn Woodhouse, Heather Lanza, and James Richter to attend a seminar on Planning
(including Stormwater Management) in Southampton, on Wednesday, June 11, 2008, from
4pm to 8pm.
All expenses for registration and travel to be a legal charge to the appropriate
2008 budget (meetings and seminars).
? Vote Record - Resolution RES-2008-568
?
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 Seconder
??
Supervisor's Appt
????????
Louisa P. Evans Voter
??
Tax Receiver's Appt
????????
Scott Russell Voter
??
Rescinded
2008-569
CATEGORY:
Bid Acceptance
DEPARTMENT:
Town Clerk
Accept Bid of Pirates Cove Marine
RESOLVEDaccepts the bid of Pirates Cove
that the Town Board of the Town of Southold hereby
Marine, Fishers Island, New York, in the amount of $2,325.82 for repair and placement of channel
markers to be placed in both West Harbor and Hay Harbor, Fishers Island,
New York, as well as
repairing and replacing, or returning missing markers and instructional floats that are lost during
the season, at a rate of $65.00 per marker plus the cost of necessary materials
, buoys to be prepared
and placed at the beginning of the season, and removed and stored by October 15, 2008; foregoing all in
accordance with the bid proposal.
? Vote Record - Resolution RES-2008-569
?
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
June 3, 2008 Page 29
Minutes
Southold Town Board Meeting
2008-570
CATEGORY:
Close/Use Town Roads
DEPARTMENT:
Town Clerk
Grant Permission to the Cutchogue-New Suffolk Historical Council’s Annual Antiques Show and Sale on
the Cutchogue Village Green, and to Close Cases Lane from Route 25 to Fairway Drive and Post “No
Parking” from Fairway Drive to Cedar Road, on Saturday, July 5,2008
RESOLVEDgrants permission to the
that the Town Board of the Town of Southold hereby
Cutchogue-New Suffolk Historical Council’s Annual Antiques Show and Sale on the
Cutchogue Village Green, and to close Cases Lane from Route 25 to Fairway Drive and
post “No Parking” from Fairway Drive to Cedar Road,
on Saturday, July 5,2008 form 7:30
A.M.to 4:30 P.M., 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-2008-570
?
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
2008-571
CATEGORY:
Retirement/Resignation
DEPARTMENT:
Police Dept
Amend Resolution No. 2008-484 Adopted at the May 6, 2008 Town Board Meeting
RESOLVED amends Resolution No.
that the Town Board of the Town of Southold hereby
2008-484 adopted at the May 6, 2008 Town Board meeting
to include the following: "accepts
the resignation/retirement of Joseph F. Knoll, Jr., from the position of Police Officer in the
Southold Town Police Department, effective Wednesday, June 4, 2008, at 1600 hours."
June 3, 2008 Page 30
Minutes
Southold Town Board Meeting
? Vote Record - Resolution RES-2008-571
?
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
2008-572
CATEGORY:
Planning
DEPARTMENT:
Town Attorney
Authorizes Supervisor Scott A. Russell to Retain Dvirka and Bartilucci to Perform a Review of the
Application for Peconic Recycling and Transfer Station for Conformance with the Town of Southold’s
Approved Solid Waste Management Plan
RESOLVEDauthorizes Supervisor
that the Town Board of the Town of Southold hereby
Scott A. Russell to retain Dvirka and Bartilucci to perform a review of the application for
Peconic Recycling and Transfer Station for conformance with the Town of Southold’s
approved Solid Waste Management Plan
, in accordance with their Proposal dated May 23,
2008, at a cost not to exceed $5,000.00 (Budget Line B.8020.4.500.500), subject to the approval
of the Town Attorney.
? Vote Record - Resolution RES-2008-572
?
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
2008-573
CATEGORY:
Seqra
DEPARTMENT:
Town Attorney
Authorizes Supervisor Scott A. Russell to Retain Nelson, Pope & Voorhis, LLC to Perform a SEQRA
Review for the Rezoning of the Property at SCTM No. 1000-89-3-1.1 (Known as the General Wayne Inn)
RESOLVEDauthorizes Supervisor
that the Town Board of the Town of Southold hereby
Scott A. Russell to retain Nelson, Pope & Voorhis, LLC to perform a SEQRA review for
June 3, 2008 Page 31
Minutes
Southold Town Board Meeting
the rezoning of the property at SCTM No. 1000-89-3-1.1 (known as the General Wayne
Inn)
, in accordance with their Proposal dated June 2, 2008, at a cost not to exceed $1,250.00
(Budget Line B.8020.4.500.300), subject to the approval of the Town Attorney.
? Vote Record - Resolution RES-2008-573
?
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
2008-574
CATEGORY:
Property Usage
DEPARTMENT:
Town Clerk
Authorize the Reduction of Park and Playground Fees for Allan and Ellen Wexler (SCTM #1000-79-8-
18.1) by the Documented Amount of Costs Incurred by Them for Design and Legal Fees Resulting from
the Public Trails Required by the Planning Board But Must Now be Removed.
RESOLVED
that the Town Board of the Town of Southold, at the request of the Southold Town
authorizes the reduction of Park and Playground fees for Allan and
Planning Board, hereby
Ellen Wexler (SCTM #1000-79-8-18.1) by the documented amount of costs incurred by
them for design and legal fees resulting from the public trails
that were required by the
Southold Town Planning Board but, due to the sale of the Tall Pines at Paradise property, are no
longer needed and must be removed from the plat.
? Vote Record - Resolution RES-2008-574
?
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
2008-575
CATEGORY:
Public Service
DEPARTMENT:
Town Clerk
Installation of Street Light Tasker Lane, Greenpor
June 3, 2008 Page 32
Minutes
Southold Town Board Meeting
RESOLVEDauthorizes and directs the
that the Town Board of the Town of Southold hereby
Department of Public Works to install one (1) Street Light on Tasker Lane in Greenport, to
be dark sky compliant.
? Vote Record - Resolution RES-2008-575
?
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
2008-576
CATEGORY:
Employment - Town
DEPARTMENT:
Town Clerk
Appointing New TCO for 2008 Season
RESOLVEDappoints the following
that the Town Board of the Town of Southold hereby
persons to the position of Traffic Control Officers for the 2008 Summer season at a rate
$14.67, effective June 11, 2008:
Michael J Baldwin Daniel A Blados Ashley Sawicki Jacob Bogden
? Vote Record - Resolution RES-2008-576
?
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 Initiator
??
Rescinded
2008-577
CATEGORY:
Attend Seminar
DEPARTMENT:
Town Clerk
Attend Seminar Planning Staff
RESOLVEDgrants permission
that the Southold Town Board of the Town of Southold hereby
June 3, 2008 Page 33
Minutes
Southold Town Board Meeting
to Mark Terry, Principal Planner, LWRP Coordinator and Scott Hilary, Planner, LWRP
Coordinator to attend Basic Wetland Delineator Training course
in Boston Massachusetts
on June 25 to June 28, 2008. Total costs for the course shall not exceed $1595.00 per person. All
necessary expenses to be a legal charge to the Planning Board 2008 budget and transportation
shall be by town owned vehicle.
? Vote Record - Resolution RES-2008-577
?
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
2008-578
CATEGORY:
Advertise
DEPARTMENT:
Town Clerk
Authorize the Town Clerk to Readvertise for Positions on the Architectural Review Committee
RESOLVEDauthorizes the Town Clerk
that the Town Board of the Town of Southold hereby
to readvertise for positions on the Architectural Review Committee
, specifically the
positions of Architect and community members of Southold Town at large.
? Vote Record - Resolution RES-2008-578
?
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
2008-579
CATEGORY:
Local Law Public Hearing
DEPARTMENT:
Town Clerk
Set PH 7/1/08 4:35 Pm CofZ - General Wanye
WHEREAS
, the Town Board has made a motion to amend the Zoning Map of the Town of
June 3, 2008 Page 34
Minutes
Southold Town Board Meeting
Southold by changing the Zoning District designation of p/o SCTM# 1000-89-3-1.1 from Hamlet
Business (HB) and Agricultural Conservation (AC) to R-80; and
WHEREAS
, the Local Law is entitled, “ A LOCAL LAW TO AMEND THE ZONING MAP
OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT
DESIGNATION OF p/o SCTM # 1000-89-3-1.1 FROM HAMLET BUSINESS (HB) AND
AGRICULTURAL CONSERVATION (AC) TO R-80”; now therefore be it
RESOLVED
that pursuant to Section 265 of the Town Law and requirements of the Code of the
will
Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold
hold a public hearing on the aforesaid local law at the Southold Town Hall, 53095 Main
Road, Southold, New York at 4:35 p.m., Tuesday, July 1, 2008.
The purpose of this Local
Law is to change the Zoning District Designation of p/o SCTM# 1000-89-3-1.1 from Hamlet
Business (HB) and Agricultural Conservation (AC) to R-80. The petitioner for this request is the
Town Board of the Town of Southold. The property is approximately 3.4 acres and is located on
the site of the former General Wayne Inn, Cedar Beach Road, Southold, New York.
? Vote Record - Resolution RES-2008-579
?
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
2008-580
CATEGORY:
Local Law Public Hearing
DEPARTMENT:
Town Clerk
Set PH Farmstands 7/1/08 4:40 Pm
June 3, 2008 Page 35
Minutes
Southold Town Board Meeting
WHEREAS,
there has been presented to the Town Board of the Town of Southold, Suffolk
rd
“A Local Law in relation
County, New York, on the 3 day of June, 2008 a Local Law entitled
to Regulations Governing Farm Stands”
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
st
1 day of July, 2008 at 4:40 p.m.
at which time all interested persons will be given an
opportunity to be heard.
“A Local Law in relation to Regulations Governing Farm
The proposed Local Law entitled,
Stands”
reads as follows:
LOCAL LAW NO. OF 2008
“A Local Law in relation to Regulations Governing Farm Stands”
A Local Law entitled, .
BE IT ENACTED
by the Town Board of the Town of Southold as follows:
Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety.
A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows:
I.§72-1. Title.
This law shall be known as the “Agricultural Uses Law”.
§72-2. Purpose.
Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage
bona fide agricultural operations while providing for the health, safety and welfare of the Town’s
residents and its visitors. Farm stands are an important part of the Town’s agricultural base and
character, and are increasingly vital to the viability of the agricultural industry in the Town. The
first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands,
and require, among other things, that they be part of active farming operations within the Town.
§72-3. Statutory authorization.
This local law is enacted pursuant to Section 10 of the
Municipal Home Rule Law to promote the public health, safety and general welfare of Town
June 3, 2008 Page 36
Minutes
Southold Town Board Meeting
citizens through land use regulations intended to govern agricultural uses within the entire Town.
The variance provision of this local law shall supersede any inconsistent portions of the Town
Law Section 267-a and govern the subject of variances in this local law.
§72-4. Definitions.
As used in this Chapter, the following terms shall have their meanings
indicated:
AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock
products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats,
rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries,
tomatoes and berries; (c) vegetables, including snap beans, cabbage, carrots, beets and onions;
(d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and
flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry,
ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing
animals, milk eggs and furs; (f) maple sap; (g) Christmas trees derived from a managed
Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture
products, including fish, fish products, water plants and shellfish; (i) woody biomass, which
means short rotation woody crops raised for bioenergy, and shall include farm woodland.
AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing
and sale of agricultural and acquacultural commodities, including any and all agricultural,
horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry
products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the
state either in their natural state or as processed by the producer thereof but does not included
milk, timber or timber products, other than christmas trees, all hay, rye and legumes.
ENCLOSED RETAIL SALES AREA - That portion of a farm stand’s retail sales area which is
protected from the elements on all sides by permanent exterior walls.
FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in
area used for the purpose of retail sale of locally produced agricultural product grown by the
June 3, 2008 Page 37
Minutes
Southold Town Board Meeting
owner or lessor of the structure, as well as the accessory sale of processed agricultural products,
agriculture-related products and incidental accessory items. For the purposes of this Chapter, a
farm stand shall be limited to structures operated by an applicant on a parcel with either: not less
than seven acres of land used as a single operation in the preceding two years for the production
or sale of crops, livestock or livestock products of an average gross sales value of ten thousand
dollars or more; or, land of seven acres or less used as a single operation in the preceding two
years for the production or sale of crops, livestock or livestock products of an average gross sales
value of fifty thousand dollars or more.
PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted
from its original state into a distinct product by techniques such as cooking, distillation,
fermentation, crushing and straining. Examples of processed agricultural product include,
without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages.
Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the
product to be considered “processed” under this definition.
RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are
dedicated to the direct marketing and sale of farm stand products, including public rest rooms,
but excluding storage areas, temporary display areas and other areas not accessible to the general
public.
ARTICLE I - FARM STANDS
§72-5. Farm Stand Permit Required.
A. No person shall erect, place or operate a farm stand without the Building
Department’s issuance of a farm stand permit for the farm stand operation. A
farm stand permit shall be subject to revocation if the farm stand fails to operate
in compliance with the requirements set forth herein.
B. The Building Department shall only issue a farm stand permit to a party engaged
in bona fide agricultural production within the Town of Southold. For the
purposes of this Article, “bona fide agricultural production” shall be limited to the
June 3, 2008 Page 38
Minutes
Southold Town Board Meeting
operation, within the Town of Southold, of either: not less than seven acres of
land used as a single operation in the preceding two years for the production or
sale of crops, livestock or livestock products of an average gross sales value of ten
thousand dollars or more; or, land of seven acres or less used as a single operation
in the preceding two years for the production or sale of crops, livestock or
livestock products of an average gross sales value of fifty thousand dollars or
more.
C. A farm stand existing as of the date of adoption of this Article which does not
meet the requirements of this Article shall be deemed to be a nonconforming
building under the Zoning regulations of this Code, Chapter 280.
Notwithstanding the contrary provisions of this Article, a farm stand legally
existing in the Town as of January 1, 2008 shall be permitted to expand or enlarge
the enclosed retail sales area of the farm stand operation by up to fifty percent,
cumulatively, of the enclosed retail sales area legally existing as of January 1,
2008, subject to compliance with the parking requirements of this Article.
§72-6. Farm Stand Permits Issued Without the Requirement of Site Plan Approval.
A. A farm stand permit shall be issued to applicants meeting the following
requirements, and such farm stands shall not require site plan approval from the
Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV:
(1) The farm stand is located on lands used in bona fide agricultural
production by the owner or lessee of the property.
(2) The enclosed retail sales area of the farm stand does not exceed 2,000
square feet, and the total retail sales area of the farm stand does not exceed
3000 square feet.
(3) The permanent farm stand structure is set back at least fifty feet from the
road.
(4) The farm stand parcel provides at least four off-street parking spaces, and
also provides adequate space that may be used for unimproved on-site
parking equivalent to one parking space for each 200 square feet of retail
June 3, 2008 Page 39
Minutes
Southold Town Board Meeting
sales area.
B. Farm stands that do not meet all of the criteria set forth in §72-6A, but meet
at least the following, shall be subject to the requirements of the Modified
Agricultural Site Plan approval process as set forth at §72-10, notwithstanding the
provisions of Chapter 280, Article XXIV, if such farm stands meet at least the
following:
(1) The farm stand is located on lands used in bona fide agricultural
production by the owner or lessee of the property.
(2) The enclosed retail sales area of the farm stand does not exceed 3000
square feet, and the total retail sales area of the farm stand does not exceed
4,000 square feet.
(3) The permanent farm stand structure is set back at least fifty feet from the
road.
(4) The farm stand parcel provides at least four off-street parking spaces, and
also provides adequate space that may be used for unimproved on-site
parking equivalent to one parking space for each 200 square feet of retail
sales area.
C. Retail sales operations that do not meet the definition of a farm stand pursuant to
this Chapter, as well as farm stands that do not meet either the requirements of §§
72-6A or B, shall be subject to the full site plan requirements of Chapter 280,
Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or
the Town Code.
§72-7. Farm Stand Offerings.
All farm stands shall conform to the following product offering restrictions:
A. At least sixty percent of the gross dollar value of all items offered for sale at farm
stands shall consist of agricultural products grown by the farm stand operator
within the Town of Southold.
B. No more than forty percent of the gross dollar value of all items offered for sale at
a farm stand may consist of items manufactured or processed by the farm stand
June 3, 2008 Page 40
Minutes
Southold Town Board Meeting
operator, or other items complementary to the farm stand operation, including
items grown, manufactured, processed or packaged elsewhere, and food, clothing
or souvenir items accessory to the farm stand operation.
§72-8. Maximum Size of Farm Stand.
In all cases, farm stands shall not exceed 4,000 square feet in enclosed retail sales area,
excluding storage areas, temporary display areas and areas inaccessible to the general public.
§72-9. [Reserved]
§72-10. [Reserved]
§72-11. Variance Procedures.
Any farm stand that is found not to meet the requirements of this Article may appeal such
decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the
merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the
applicant if the variance is granted, as weighed against the detriment to the health, safety and
welfare of the community by such grant, in further consideration of (1) whether an undesirable
change will be produced in the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the variance; (2) whether the benefit sought by the applicant
can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3)
whether the requested variance is substantial; (4) whether the proposed variance will have an
adverse effect or impact on the physical or environmental conditions in the neighborhood or
district; and (5) whether the alleged difficulty was self-created, which consideration shall be
relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of
the variance.
§72-12. Penalties for Offenses.
Any violation of this Article shall be grounds for the revocation of an existing farm stand permit.
Furthermore, any violator of this Article shall, upon conviction, be guilty of a violation
punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both. Each
day on which such violation shall occur shall constitute a separate, additional offense as
June 3, 2008 Page 41
Minutes
Southold Town Board Meeting
permitted by law. For a second and subsequent conviction within 18 months thereafter, such
person shall be guilty of a violation punishable by a fine not exceeding $1,500 or imprisonment
not to exceed 15 days, or both.
II.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.
III. APPLICABILITY AND EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State
as provided by law.
? Vote Record - Resolution RES-2008-580
?
Adopted
Yes/Aye No/Nay Abstain Absent
??
Adopted as Amended
? ? ? ?
William Ruland Seconder
??
Defeated
????????
Vincent Orlando Voter
??
Tabled
????????
Albert Krupski Jr. Voter
??
Withdrawn
????????
Thomas H. Wickham Initiator
??
Supervisor's Appt
????????
Louisa P. Evans Voter
??
Tax Receiver's Appt
????????
Scott Russell Voter
??
Rescinded
2008-581
CATEGORY:
Contracts, Lease & Agreements
DEPARTMENT:
Town Attorney
Accept Arbitrator’s Decision
RESOLVEDaccepts and adopts in it’s
that the Town Board of the Town of Southold hereby
entirety the Arbitrator’s decision denying the CSEA’s so called “Detention Attendant
Recall” grievance.
(CBA Section 28).
? Vote Record - Resolution RES-2008-581
?
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
June 3, 2008 Page 42
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Southold Town Board Meeting
2008-582
CATEGORY:
Grants
DEPARTMENT:
Town Clerk
Pec Estuary - LWRP Grant
WHEREAS
, the Peconic Estuary Program has reached out to the Town of Southold to provide
assistance with the Local Waterfront Revitalization Grant Program Environmental Protection
Fund 2008-2009 to develop watershed management plans for the Goose Creek Complex
Watershed and Richmond Creek Complex Watershed at an estimated cost of $50,000 per plan,
and
WHEREAS
the Local Waterfront Revitalization Grant Program Environmental Protection Fund
2008-2009 requires a 50% match for each proposal, and
WHEREAS
, the Peconic Estuary Program has secured $25,000.00 cash match for the
preparation of the Goose Creek Complex Water Management Plan, and
WHEREAS
, the Southold Town Board intends to appropriate a $25,000.00 cash match for the
Richmond Creek Complex Watershed Management Plan in the 2009, and
WHEREAS
, the Southold Town Board intends to commit $75,000.00 to pay consultant charges,
of which, $50,000.00 will be sought for reimbursment by the New York Department of State
over the course of the grant term, and
RESOLVEDauthorizes and directs the
, that the Town Board of the Town of Southold hereby
Peconic Estuary Program to apply for the Local Waterfront Revitalization Grant Program
Environmental Protection Fund 2008-2009 for the development of two watershed
management plans at an estimated cost of $50,000.00 each.
June 3, 2008 Page 43
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Southold Town Board Meeting
? Vote Record - Resolution RES-2008-582
?
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
40. Statement
SUPERVISOR RUSSELL: What we decided, at the work session today, was the bond hearing,
we were going to have the hearing tonight, we are actually going to close the hearing which we
just did, we are going to have Jim come back to the Town Board in two weeks and give us more
detail as to the different punch list items that total up to this $850,000. We are not prepared to
vote on anything tonight. In two weeks we will decide as a Board which items we are prepared
to vote on and which items we are not. So that will be for two weeks from tonight. Okay? I
guess that concludes business.
2008-583
CATEGORY:
Bond
DEPARTMENT:
Town Clerk
SWMD Bond Resolution After PH
At a regular meeting of the Town
Board of the Town of Southold, in
the County of Suffolk, New York,
held at the Town Hall, 53095 Main
Road, Southold on the 17th day of
June, 2008.
PRESENT:
Hon. Scott A. Russell, Supervisor
Louisa P. Evans, Justice
William P. Ruland, Councilperson
Thomas H. Wickham, Councilperson
Vincent M. Orlando, Councilperson
Albert J. Krupski, Jr., Councilperson
In the Matter
of the
Increase and Improvement of Facilities of the Southold Solid
Waste Management District, in the Town of Southold, in the
County of Suffolk, New York, pursuant to Section 202-b of
the Town Law
RESOLUTION AND
ORDER AFTER PUBLIC
HEARING
June 3, 2008 Page 44
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Southold Town Board Meeting
WHEREAS, the Town Board of the Town of Southold (herein called the “Town
Board” and “Town”, respectively), in the County of Suffolk, New York, on behalf of the
Southold Solid Waste Management District (herein the “District”), has determined that it is in
the best interests of the Town to acquire various equipment, including a trommel screening plant,
a compost bagger and shelter, and a front-end wheel loader (the “Project”), for use by the
District, at the estimated total cost of $590,000, including preliminary costs and costs incidental
thereto and to the financing thereof; and
WHEREAS, the Town Board adopted an Order describing in general terms the
proposed increase and improvement of facilities, specifying the estimated cost thereof, and
ordering that the Town Board shall meet to hear all persons interested in said increase and
improvement of facilities on June 3, 2008 at 4:35 o’clock P.M. (Prevailing Time) at the Town
Hall, 53095 Main Road, Southold, New York; and
WHEREAS, a Notice of such public hearing was duly published and posted
pursuant to the provisions of Article 12 of the Town Law and mailed by First Class Mail to each
owner of taxable property in the District; and
WHEREAS, such public hearing was duly held by the Town Board on the 3rd day
of June, 2008 at 4:35 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road,
Southold, New York, with considerable discussion on the matter having been had and all persons
desiring to be heard having been heard, including those in favor of and those in opposition to
said increase and improvement of such facilities; and
Now, therefore, it is hereby
DETERMINED, that it is in the public interest to increase and improve the
facilities of the District as hereinabove described, at the estimated total cost of $590,000; and it is
hereby
ORDERED, that the facilities of the District shall be so increased and improved
and that, if necessary, the Town Board shall prepare plans and specifications and make a careful
estimate of the expense for said increase and improvement of such facilities and, with the
assistance of the Town Attorney, shall prepare a proposed contract for such increase and
improvement of facilities of the District, which plans and specifications, estimate and proposed
contract shall be presented to the Town Board as soon as possible; and it is hereby
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FURTHER ORDERED, that the expense of said increase and improvement of
facilities shall be financed by the issuance of $590,000 bonds of the Town, and the cost of said
increase and improvement of facilities, including payment of principal of and interest on said
bonds, shall be paid in the District by the assessment, levy and collection of assessments upon
the several lots and parcels of land within the District which the Town Board shall deem
especially benefited thereby, so much upon and from each as shall be in just proportion to the
amount of benefit which the improvement shall confer upon the same and, it is hereby
FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a
certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of
Suffolk County within ten (10) days after adoption thereof.
DATED: JUNE 17, 2008
The Resolution and Order were declared adopted.
? Vote Record - Resolution RES-2008-583
?
Adopted
Yes/Aye No/Nay Abstain Absent
??
Adopted as Amended
? ? ? ?
William Ruland Voter
??
Defeated
????????
Vincent Orlando Voter
??
Tabled
????????
??Albert Krupski Jr. Voter
Withdrawn
??????????
Supervisor's Appt Thomas H. Wickham Initiator
??
Tax Receiver's Appt
????????
Louisa P. Evans Seconder
??
Rescinded
????????
Scott Russell Initiator
Next: Jun 17, 2008 7:30 PM
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 5:05 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. Bond for SWMD $850,000.00
COMMENTS - Current Meeting:
WHEREAS,
COUNCILMAN WICKHAM: it has been determined by the Town Board (the
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Southold Town Board Meeting
“Board”) of the Town of Southold (“Town”), Suffolk County, New York, on the 3rd day of June,
2008, to consider the increase and improvement of the facilities of the Southold Solid Waste
Management District (“District”), described as (i) to improve the existing Transfer Station within
the District by constructing an overhead garage door addition to the southwest side of the
transfer station, at the estimated maximum cost of $180,500 (the “Transfer Station
Improvements”), and (ii) to acquire various equipment, including a trammel screening plant, a
compost bagger and shelter, a front-end wheel loader and a walking floor transfer trailer, for use
by the District, at the estimated maximum cost of $669,500 (the “Equipment Acquisitions” and
together with the Transfer Station Improvements, the “Project”). The estimated total cost of the
Project is $850,000, including preliminary costs and costs incidental thereto and to the financing
thereof; provided that grant funds may be received from the United States of America, the State
of New York or any other available sources to pay a part of some of such said costs.
Pursuant to the New York State Environmental Quality Review Act (“SEQRA”)
the Board, as Lead Agency, has determined that the Project is a Type II Action, no further review
is required and/or other applicable documentation has been issued and filed in the office of the
Town Clerk
NOTICE IS HEREBY GIVEN
that the Town Board will meet at the Town Hall,
:35 o’clock P.M. (Prevailing Time), on June 3,
53095 Main Road, Southold, New York, at 4
2008
, for the purpose of conducting a public hearing to consider the Project, as hereinabove
described.
At said public hearing, the Town Board will hear all persons interested in said
subject matter thereof concerning the same.
This has appeared as a legal in the local newspaper and also on the Town Clerk’s bulletin board
outside. There follows all of the detailed language that goes into a bond resolution of this kind
and I have a communication from the Town’s bond consultant, his name is Joe Fernandez.
th
‘Thank you for your letter of May 19 enclosing several documents pertaining to this referenced
project. All of the documents have been included in our records.’ And I believe that those are
all that I have. This has also been sent out, a mailing has been sent out to the various residents of
the Solid Waste District, so that all residents in the Town who are resident in the district should
have gotten a notice about this public hearing. That is it.
SUPERVISOR RUSSELL: Okay. At this time, I would ask anyone who would like to address
the Town Board on this particular public hearing to feel free to come up? In the back.
JOHANNA NORTHAM: Johanna Northam, Southold. I want to extend my appreciation for
your approval of this monies to the Southold Solid Waste District. I did want to say, 18 years
ago when we started our study on the landfill that we were very pleased to get Mr. Bunchuk to
oversee these projects. And people are, it has such negative things, but I believe financially we
are in a very good place and environmentally, much more so.
SUPERVISOR RUSSELL: Okay. Just a clarification, for the public. Actually the hearing
tonight is for $850,000. It is more or less a punch list of item and improvements that are needed
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there. This is actually the public hearing. We actually haven’t voted on the allocation of that
money yet. The Town Board can elect to vote for all of it, none of it. This is the public hearing,
we actually have to notice everybody because of the special district arrangement, we have to note
even if we want to vote yes or no to it, we have to notify everybody. Would anybody else like to
come up and address, can I….
COUNCILMAN KRUPSKI: I don’t know if you were clear on that. You said all of it, none of
it or some of it. So we can pick out, we can pick and choose and say do we really feel that we
need one item or really feel that we need another or don’t need everything. So this isn’t, this
isn’t a list that we have to approve or disapprove, this is a list that we can choose to see what
items that we feel are necessary.
SUPERVISOR RUSSELL: Right. And I will go to this gentleman in the back. After that, we do
have the Solid Waste Coordinator Jim Bunchuk here, and you can help us clarify the punch list
of items. But sir, do you want to go?
STEVEN BURNS: My name is Steven Burns and I am from Suffolk County Water and I am
also a resident of Mattituck. And I was just wondering was there any, what the fires demands, if
that is considered and what they will be at the station?
SUPERVISOR RUSSELL: For the fire demands?
MR. BURNS: The fire demands. For fire flow.
SUPERVISOR RUSSELL: Okay, we will actually refer that to Jim, if that is okay.
MR. BURNS: Okay. Fine.
SUPERVISOR RUSSELL: Jim?
JIM BUNCHUCK, SOLID WASTE COORDINATOR: Actually the considerations for fire
control or suppression at the Transfer Station were part of the original design back in 2006, 2005.
So there is a fire well just outside of where the area, in fact, just outside where the doors are
proposed to be placed. You are talking about the construction portion of this bond, which is the
overhead doors on the southwest side of the building. There is a fire well right outside that,
probably not more than 20-25 feet from where the doors are. But that was all part of the original
plan, as were originally these doors but due to cost considerations at the time and the money that
the Town had available to it under that bond, there were certain deletions that were made and this
was one of them, you know, at that point. It is kind of why we are bringing it back now because
it was part of the original design.
MR. BURNS: Okay. Thank you.
SUPERVISOR RUSSELL: Thank you. Melanie?
MELANIE NORDEN: Hi, Melanie Norden, Greenport. These proposed increased expenditures
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provide an opportunity, actually a fortuitous one, to explore a little bit if we could the revenue
generating portion of the landfill. I would be particularly interested to know, if maybe you could
provide this, how much revenue we do generate yearly on the yellow bags, for example, that is
one revenue item.
SUPERVISOR RUSSELL: Yeah. Actually we will have Jim up and answer all of those
technical questions. Actually several sources of revenue up there, one would be the yellow bags
another would be the over the scale fee that we collect up there, commercial carters etc. And
then also revenue from sale of compost etc. Jim, do you want to address some of those?
MS. NORDEN: Actually I have a few more questions.
SUPERVISOR RUSSELL: Oh, okay.
MS. NORDEN: Regarding revenue. The other question has to do with recycling revenue. As
you know, there has been some talk for sometime about the consolidation of recycling
throughout the east end Towns, if not throughout Nassau and Suffolk county. It seems
imperative, given the rising transportation costs, and also the option of transport by rail, that the
Supervisor’s Association or maybe the Mayor’s Association, I know that Jay Schneiderman has
discussed this. The possibility of coordinating those activities so that we can actually get some
more bang for our trash and some more bang certainly for our recyclables. Right now we are not
at all competitive. Nor presumably are any of the east end towns primarily because every town
individually recycles and there is just no way that we can make any money off of that. Were we
to combine and work with the other east end towns and this has been floated around for years,
nothing has been done about it, might actually be able to see some significant revenue from our
recyclables, particularly for paper which is now in tremendous demand in China and other
places. Were we to coordinate these activities, I think it would make a very big difference
because I think we need to look at trash as a business. And we need to see what the business
opportunities are and what our business plan is, not just for expenditures on the one hand but also
for the generation of revenue. And the one thing that I kind of haven’t seen is what revenue we
are generating and what our opportunities are going forward. All of the recyclables are in
demand, however, we can’t compete because we are way too small. So I think that going
forward and I know that, Jim, from what I understand, you have worked on this too, we really
need to see if there is a way through the Supervisor’s Association to think seriously about that
kind of coordination. Also Brookhaven is installing a large incinerator and I don’t know if
anybody has explored the possibility of working with Brookhaven, which presumably is likely to
accept and actually welcomes the notion of accepting some solid waste for incineration and that
going forward, I think that is going to be improved and built over the next couple of years, there
is a possibility that we might be able to, again, look at cost. Because otherwise we are building a
temple to trash. And this is $850,000 now, a couple of years ago we spent a whole bunch more
money. I don’t know why we didn’t put garage doors in when we built the buildings but that is
something else aside, bottom line is, it is not going to get any cheaper. But there is money to be
made and there is money to be made if we can coordinate on a regional or a Supervisor east end
basis. If we can use rail support, apparently Long Island Railroad and three or four other
railroads have indicated their willingness to pick up recyclables and paper for example, and
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move it up to the Adirondacks, move it out. And presumably we can also, a lot of this stuff can
be loaded onto pods, on trucks, be loaded right onto trains without having, some flat bed trucks
or (inaudible) and not ever have to be double or triple handled. So I think we need a municipal
plan, a plan for the Town of Southold that maybe we can even spearhead this kind of
coordination. Because I think as a taxpayer it is very discouraging to see these kind of
expenditures come up and up and up with our really not having a plan to capitalize on our trash.
So since trash is a big business now and recyclables are, all you need to look at for example is
the Chicago Exchange, which every day will tell you how much your paper is worth in China,
how much your plastic and cans are and your aluminum, we could be much more forward
thinking. Because there actually is no point in paying all the yellow bags, spending all this
money as taxpayers to have our stuff carted to the dump or to drive to the dumps, to find that the
dumps is a losing business proposition. So I would like to propose that going forward, we
develop a business plan to maximize the revenue potential of our landfill. Thank you.
SUPERVISOR RUSSELL: Thank you. I think that is a point well made. Can I get Jim to
answer some of the technical questions first?
MR. BUNCHUCK: I will be as brief as I can. To paraphrase Mickey Mantle a long time ago in
front of a congressional hearing, I agree with everything you said. But first as far as the revenue,
I know you know, we don’t have the very advanced public information office, really we try to
get things out as we can with the website and a few brochures but this year, 2008, taxes account
for about 35% of our budget, which is right at $4 million; fees account for the other 65%. So
roughly $2.6 million is in fees.
MS. NORDEN: Including the yellow bags?
MR. BUNCHUCK: Including the yellow bags. The yellow bags count for about 20% of the
overall fees. Tip fees on the scale about 35% of fees. And we have permit income which is
around 5%, recyclables accounts for about 3 to 4%. Keep in mind, though that the recycling
years ago when we got into this, that the old adage was recycling isn’t designed to make money
it is designed to save money. And for all the recyclables that don’t go in the garbage, we are
saving $80 a ton on our cost to get rid of it as garbage. And I actually recently looked up the
numbers since we started this or since we have had a diversified recycling program, which really
started in 1993, the Town of Southold, residents everybody in this room and everybody in the
Town have delivered 60,000 tons of recycled material that otherwise would have been in the
garbage at an average cost over those years in the low to mid 70’s per ton range, that is over $4.5
million saved in garbage disposal costs that would have been assessed to the Town, even through
bag prices or through taxes or however we decided to do it but ultimately those are, that is the
savings over all that time. It is true, though, there probably could be more consolidation. The
problem is, or the issue really is, everyone of our trucks that leaves Cutchogue goes full. We
send out 100 cubic yard tractor trailers, they are full. If we had enough waste stream to bail
some of that, to justify the cost of an expensive bailer, you could probably pack in some more
weight on those trucks but there still is a maximum tonnage per truck that we are allowed under
New York state. We are only a few tons under that on the recycling waste. The garbage goes
out at full tonnage, which is 22 tons net weight. So it is possible, if there was enough flow but
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we don’t have enough flow to justify that. I know Shelter Island obviously doesn’t. None of the
east end towns, Southampton and East Hampton, none of them have bailers for their garbage.
MS. NORDEN: Wait, you are talking about…
MR. BUNCHUCK: Or for the recycling.
MS. NORDEN: Inaudible
MR. BUNCHUCK : And that would take a single place, where everything could kind of come
together, which of course is you know, and yes, if the Towns got together to try to plan it maybe
something could happen. You mentioned rail, though, because anything that is going by truck
now is getting more and more expensive. There are two rail facilities on Long Island, one of
them handles both garbage and construction debris, one just construction debris but rail facilities
are governed not by the State DEC or the State Department of Transportation but by the US
Department of Transportation. So it is a completely, there are moves afoot to try to require them
to adhere to DEC rules but believe it or not, a railroad transfer station in New York state does
not have to meet DEC rules. They only have to meet US Department of Transportation rules. So
there are lots of issues like that that take you know, people above us and your point is well taken.
If the Towns get together, maybe through some commission possibly you know, the County,
Suffolk County did establish a waste commission last year to look at some of these issues and
you know, they really only kind of get to do a broad brush approach on them, kind of touch on
them and you did a great job doing it here but you know, it is true, there is more that can always
be done. What we are asking for here is obviously on a smaller scale, that we feel need or I feel
we need to operate as efficiently as we can in our smaller facility. But certainly the points you
made are well taken and they are not being completely ignored. There are people that are
thinking about them, it just takes a lot to bring all of that.
COUNCILMAN WICKHAM: Jim, at this stage would you like to outline what the particular
items are and the price tags associated with them?
MR. BUNCHUCK: Sure. First on those garage doors, the back one, the bond for the transfer
station was secured in 2004 or 2005, whenever that money was set aside, it was right at the front
end of the dramatic increases in fuel and oil related items and steel and concrete and everything,
so by the time, there was a six or eight month lag when the engineer’s estimate was provided to
the Town and the Town went to borrow money based on that and the actual prices from the
contractors, which came in around $400,000 or $500,000 over what the Town had available.
And the Board at that time made a decision not to go back and borrow more money but to trim
the project to get it within budget. One of the items that was deleted were these doors. The
problem without having the doors, if anybody, if you have been up there; if you try to recycle on
a day when the wind is coming out of the southwest, the stuff you are throwing out is getting
blown back in your face. Which is inconvenient, obviously, to the residents and we hear some
comment about that. But also when it rains or snows, you get water coming in on the tipping
floor, which makes it slippery and adds water weight to the garbage that is sitting there. So there
were reasons why the doors were proposed and we are asking to get those replaced. The
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maximum cost on that is estimated to be $180,000. That is probably, in fact, I know all of these
numbers are over what the costs are likely to come in but in order to do the legal thing to make
sure we don’t get faced with asking for more later, we go over on the actual dollar amount. The
equipment items, the trammel screening plant would replace a 13 year old unit that we are now
using; the maintenance costs on that are getting extreme and it is also, there have been a lot of
advances in screening equipment since we got that item. The compost bagger is, you know the
trammel plant by the way is estimated at $265,000 and what that actually is if we can go back to
that for a second, that will enable us to continue and more easily produce the different types of
compost and wood chips, items that we now make. We can do it in different sizes, we will have
a couple of screens available with it that are interchangeable in a matter of a half hour or so.
Instead of right now it takes us most of the day to unbolt the screens on the old machine and we
would be able to be more flexible in making sure we have, when we want wood chips we will be
able to make them more quickly or screen them more quickly and we can quickly switch that out
and get to the leaf compost which is also very popular. Right now it takes us days to try and
mobilize that. The bagger and shelter, for years we have thought about getting a bagging
machine up there, to bag the compost and wood chips for people. There are a lot of people that
come up and are a little surprised to find that when they get their free 500 pounds, they have to
shovel it. If they have garbage pails to use or something else, we will load pickup trucks,
although we can’t guarantee to keep it to 500 pounds but as far as that goes, so this way if we
had a unit like this, we would be able to (inaudible) like you find at the home stores. People
could come up and at throw them in their trunks and go about their business, you know, they
could go to the store….
SUPERVISOR RUSSELL: I am sorry, Jim, but we have $8.5 million to go through…
MR. BUNCHUCK: Okay.
SUPERVISOR RUSSELL: And it sounds like you just crossed off $1 million, just a little bit
more succinct, so we can get moving with the public hearing. The public, I am sure, wants to
speak. $850,000, I am sorry.
MR. BUNCHUCK: The front end loader would replace one that we have right now, honestly it
does still work but it has got 25,000 hours on the motor. It has been my experience it is better to
be proactive rather than reactive and to have that machine would take us a week, wind up renting
something to try to replace that. And the transfer trailer, we have two right now. one of them is
an old steel, a very heavy trailer. That trailer would be, it would be really nice to have the newer
type with what they call the walking floor, you know, that is again, it is desirable. I can’t say
that that is absolutely critical to continuing to run right now but it is on our wish list. And I
guess that is about it.
COUNCILMAN WICKHAM: What are the figures for those items, please?
MR. BUNCHUCK: The wheel loader is actually, that would be if we get the one we would want
on that on state contract, you don’t often get machines of that size on state contract, it would be,
we say maximum of $200,000, it would probably be $30,000 or $40,000 under that. And the
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bagging machine was $99,000. And the walking floor trailer, $85,000.
SUPERVISOR RUSSELL: Thank you, Jim. Would anybody like to come up and address the
Town Board on this public hearing? Mr. Allison?
DAVE ALLISON: My name is Dave Allison, Cutchogue. Couple of questions, first of all, I
didn’t have any idea what this equipment was for. Number one, is there additional staff going to
be needed to manage this equipment?
SUPERVISOR RUSSELL: No.
MR. ALLISON: So you can operate with what you have.
SUPERVISOR RUSSELL: The only thing I can see is that there might be some training
involved, particularly with the new item, like a bagger. The other items are simply replacements
of existing, aging inventory.
MR. ALLISON: Okay. Now all this (inaudible) you know, like cosmetic (inaudible) going on.
I am a bit concerned about the way you handle finances. Why isn’t there reserve funds set up
that when you need replacement equipment, you have the money already available? It does
seems to me you did it for police cars and now you are doing it for this. You have to jump in and
put a lot of money at one time. I just don’t understand how you handle the finances.
SUPERVISOR RUSSELL: We develop funds and we have fund balances at the town
government. Actually very healthy fund balances, that is the singularly reflected every time we
get a bond rating that is so high. The special district, though, is financed by revenue that it
creates each year. It is a little bit more difficult to set up a fund balance with money you don’t
have yet because you are collecting that money annually, either whether it is through taxes or it
is through user fees. That money is coming in over the course of the year. It is not all coming in
in January, like your taxes are.
MR. ALLISON: I understand. But you can set up a reserve fund to buy a payloader, put away
$30,000 a year, $40,000-$50,000 a year. And at the end of five years you can buy one. You
don’t have to go for a bond, you don’t have to pay interest on it. I mean, I don’t know what the
life cycle is on this.
COUNCILMAN WICKHAM: I don’t think that Town’s can do that or at least we can’t easily
do that. If we start squirreling money away and putting it in reserve funds, then the question is
raised, why were the taxes so high or the fees so high during those years, to develop this fund.
And people would start calling it a slush fund.
MR. ALLISON: Well, I am sorry, I came from a very conservative town of Garden City and they
never go out for bonds to buy police cars. They never go out for bond to buy a fire truck…
SUPERVISOR RUSSELL: We haven’t bonded for police cars either. I would be absolutely
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against bonding for police cars.
MR. ALLISON: (Inaudible) For any particular item. You know, that is permitted by law and I
don’t understand why you people don’t do it.
SUPERVISOR RUSSELL: Again, very difficult. Particularly with a special district that funds
itself during the course of the year. But we do have a fund balance there and with town
government we have a fund balance. That is how we secure low interest bonds from the market.
MR. ALLISON: Well, the reserve fund is set so you don’t have to go for a bond. You have the
money in the bank. You know and I just don’t understand why you don’t do it. We had a big
issue about the police cars, that you had to buy eight at a time. That is the most ridiculous thing I
have ever heard of. Buy two at a time and buy two every year.
SUPERVISOR RUSSELL: Three a year. I agree with you.
UNIDENTIFIED: The gentleman was making comments about getting together with east end
towns with recyclables, we are unique in Southold because we have forced separation. And we
were insistent on that. The other towns, it is comingled and then they have to pay to separate
everything out.
JOE LEMERISE: Good evening, my name is Joe Lemerise and I am from Cutchogue and I have
a couple, I guess, questions or comments regarding the bond. You talk about the overhead door.
I have been told that the trash is being blown into the users face when they are dumping their
trash, so are we implying that the doors are going to be closed during the day? It would seem top
me then that the front end loaders can’t come in and out.
COUNCILMAN KRUPSKI: I understand what you are saying because then you wouldn’t be
able to go around and (inaudible)
COUNCILMAN ORLANDO: I guess on very high windy days, Jim would close it down until
the wind died down.
MR. LEMERISE: Then you would have somebody keep opening and closing the doors.
SUPERVISOR RUSSELL: Jim?
MR. LEMERISE: We are not going to have a door on the other side of the building?
SUPERVISOR RUSSELL: Jim, can you give me a specific answer?
MR. BUNCHUCK: That is a good point. We actually have a door on the (inaudible) we
wouldn’t be able to close both doors but part of the construction also there is going to be a 25 or
30 foot section that is actually going to be a wall, so that would cut down on the breeze coming
through. And if it is real windy we could close or partially close one of the doors, it is still a 20
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foot wide opening, 20 foot wide door that would stay open, so we would have the ability to cut
down on some of the breeze.
MR. LEMERISE: I think what you are going to create is what they call the station wagon effect.
You want to think about that, I don’t think the doors are going to solve that problem and they are
counting on the doors. There are some other issues here, I can understand the need for the
trammel screen plant, that makes sense. The thing is old and you want to be able to change it, so
it makes a lot of sense. I agree with that. You are talking about a new truck, that seems to make
sense because right now you have got two trucks on the road, you got no truck to put trash into.
So it makes sense to have the third truck. You have a compost bag and shelter. I have a problem
with this. Simply this, we are going to go out and buy this bagger and I have got to believe it is
going to take somebody else to operate that bagger. Now you are going to buy plastic bags, now
these plastic bags are going to go back into the waste stream. Doesn’t seem to make any sense.
There is no problem going down there with trash cans, taking a shovel and putting it into the
trash can. You have got a pickup truck, I have seen these guys operate and they probably, once a
week, they can drop it right into the truck and it is clean and it is done. You save a lot of money
and you still have the same effect. You want to increase the cost of the mulch, I can understand
that. But to put the bagger on and put plastic back in the waste stream, it doesn’t make any
sense. You want to think about that. The front end loader, they have two gigantic front end
loaders there. one of htem is old, it is going to do. I understand that. But they do a good job
with it. You need another front end loader, I am okay with that but I am being told they are
going to get a small front end loader. The small front end loader can’t get up over the truck.
Not only that, let’s say it is half the size, you are going to have to make twice as many trips. You
are going to be replacing that thing in half the lifetime of the larger one. If you are going to
spend the money, spend it properly. Get the right side front end loader. I spend one day a week
there, for a couple of hours. I see what they are doing, they do a great job but let’s not waste our
money. I am done.
SUPERVISOR RUSSELL: Thank you very much.
COUNCILMAN WICKHAM: Jim, could you respond to that, please?
MR. BUNCHUCK: The overall weight of the loader we propose is a little smaller, it is the next
generation lower than the weight of the machines that we use now. but we are dealing with
garbage, it can still hold the same size bucket without having a problem, the tipping problem or
the balance issue. And it can reach, if we, there is what they call extended reach which extends
the bucket out about a foot and a half or two feet, with that we can load the garbage trailers the
same way we do now. What, he is right though, there is one trailer we wouldn’t be able to load
from the ground and that is one of the trailers we use to store paper in. Because that is on flat
ground and the reach would be able to get up to the top but we wouldn’t be able to tip all the way
in. But we have a different plan, we would be handling paper differently not having it go right
into a trailer, we would have it staged like the other materials up there on the ground. Then
when we have enough to load a trailer, we back it into the trench which we do now for the
garbage and the other recyclables and load that way. But he is correct, it is a somewhat smaller
machine but that is part of the rationale. We had an incident up there recently, a couple of
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months ago involving a claim against the Town because the payloader backed up and apparently
something it was holding in the bucket hit somebody’s car and there was a $3,000 or $4,000
claim. The original, one of the other cutbacks on this building was the size. The size was
supposed to be about 1,600 square feet larger. It was going to have a little more room. With the
reduced size, a slightly smaller loader makes sense and that is why the fact that it is on state
contract was you know, made sense to me. But it is true that we would have to change part of
our operation to accommodate it inside.
SUPERVISOR RUSSELL: Charlie? I will go to you after.
CHUCK KATON: Chuck Katon, Laurel. Let me ask you a question, is this legal that we are in
business with the dump? I don’t think that is legal. I am a town inspector and I never heard of
this before. I don’t think this is legal, that we can be in business and sell things out of the dump.
We can do that with the recycling stuff but what about bagging, we are not a hardware store here.
The attorney should answer that.
ASSISTANT TOWN ATTORNEY CORCORAN: It is legal to generate revenue at out transfer
station.
MR. KATON: Well, it must be something new because it never was legal. That was illegal.
That was illegal. That was never legal. It must be legal, you had better check up on that because
I don’t think it is legal. You are not supposed to be selling stuff out of the town dump. We are
not supposed to be in another business. We aren’t supposed to be in the business to make
money, we are supposed to break even with the town.
SUPERVISOR RUSSELL: We are already generating revenue from the sale of compost. The
bags were to put it in a product format that would make it easier for the homeowner.
MR. KATON: I am saying, is it legal?
COUNCILMAN WICKHAM: We believe it is.
MR. KATON: You say it is legal. I know a few years back it was not legal. We weren’t
supposed to be making money.
SUPERVISOR RUSSELL: Ma’am?
SUSAN LEMERISE: Can you just address the bagger? Why we need a bagger?
SUPERVISOR RUSSELL: Can I clarify that? Actually I will speak on your behalf, Jim, that is
okay. I wasn’t on the Board when the original solid waste, that building was built and all this
was financed. I came later. Of all that laundry list of items, the only thing that appeals to me,
ironically, to your chagrin probably, was the bagger because I thought it would pay for itself in a
short period of time by charging and compost, in you know, people going to buy it now, we can
package it and sell it to them. It makes it more convenient for homeowners and we can generate
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some revenue.
MS. LEMERISE: Yeah but the homeowners complaining about having to go there with the
garbage can, put the mulch or the topsoil in a garbage can and take it home. It doesn’t cost us
anything to do that.
SUPERVISOR RUSSELL: No. Some people do it well, other people don’t. they, it is an
inconvenient process, they will generally go to a third party and buy it and have it delivered but
that, again, just so you know, this solid waste district proposal was we sat down with them
months ago, we said put everything on paper because we are going to advertise this once and we
are going to go through the list. I don’t sense a deep commitment from this Board for many of
the items on there but we have to go through this process, so and all of those things, we will
certainly take all of those comments to heart.
MS. LEMERISE: And also you have commercial people coming in to pick up topsoil that are
landscapers?
SUPERVISOR RUSSELL: They pick up compost but not topsoil. Compost. We sell it.
MS. LEMERISE: You sell it to them. They pay a different rate than we pay?
SUPERVISOR RUSSELL: Jim?
MR. BUNCHUCK: They pay a volume based weight, calculated by volume. The residents and
we have a minimum value of 5 yards because that is the size of the bucket. I don’t want
(inaudible) but for residents or anybody who will take less than 5 yards it is by weight on the
scale.
MS. LEMERISE: Do those commercial people that come in that have the front end loader load
their truck, do they pay extra for that front end loader to come in and put the dirt in their truck?
MR. BUNCHUCK: No. (Inaudible)
MS. LEMERISE: I know. I am just saying that if you are thinking that you need to raise money,
this would be a way to raise money that you have all these commercial trucks coming in here,
picking up topsoil or whatever you want to call it, why are they not paying a little bit more
because it is a commercial and private thing? The residents can go in there and pick up their
own mulch or dirt and put them in a garbage can. It doesn’t make sense to put this composting
machine in there.
SUPERVISOR RUSSELL: That is a good point. A very fair point. We actually thought we
could increase revenue by expanding the market on compost. We had talked about that a few
years ago. I think it was one of the first things I did when I became Supervisor, we engaged the
services of an individual, it never really went anywhere but I do think and Melanie is right, I
think the future of garbage is going to be the ability to make income from it. We dealt with the
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closing of the landfill and changing public habits. You know, changing to recycling, changing to
source separation. We fundamentally changed people’s habits with the way we went about it.
But I think Melanie is right, now we need to look at a little bit more forwardly in terms of the
future of garbage and the possibility of generating revenue.
MS. NORDEN: Yes. Just to follow up on the last point, what percentage of the compost sale is
commercial as opposed to residential?
MR. BUNCHUCK: That is a good question and I don’t have a ready answer for you. I think by
amount and by volume more goes commercially (inaudible) but by individual traffic, we know
we gave last year 2,500 cubic yards to residents, in the 500 pound free program. Which is a
considerable amount of material. And then beyond that, they also bought more. I would have to,
that is a good question.
MS. NORDEN: Well, I think it would be, I mean, I for one spend about $300 to $400 a year on
composting mulch in my garden. I don’t go to the dump because it is inconvenient to shovel a
truck full. However, I would be happy to pay more if you bag it. It is now going for $5.49 is the
cheapest for (inaudible) mulch in Agway. So I think a lot of the residents, if you were to sell
that, let’s get the bagger to pay for itself.
SUPERVISOR RUSSELL: That is what the principle is.
MS. NORDEN: If 20,000 residents a year and each spend $3 which is half the price of the
commercial composting or mulch, that would generate $60,000 in less than one season. So we
should be able to pay for this bagger in six months if we price it right and that would be the only
terms under which I would be interested in seeing us get a bagger. As far as the commercial guys
are concerned, I think that should be analyzed and they should not be getting a break, since they
are charging us an arm and a leg to mow our gardens and mow our lawns and they are passing
these costs onto the homeowners at three and four times or maybe ten times what you are
charging them. I think that should be analyzed and we should be pricing the compost
competitively.
MR. BUNCHUCK: The last thing the Board did earlier this year though, was raise the price to
commercial people and left the residential price alone, so it did go up about 30% commercially.
MS. NORDEN: Well, I think it just needs to be priced out given if it is a commercial product
and we want to say that we actually are going to give everybody a break by charging half of what
is charged at Agway for example or anywhere else. Then we should be charging them. In other
words, we really should analyze it because we are missing opportunities. As much as we want to
expend on trash, we don’t want to create this empire to trash without having revenue generating
streams. And I think we have a lot of people interested in gardens here, we have some beautiful
gardens on the north fork, homeowners are constantly mowing their lawns, so let’s think about
ways in which we can make this bagger pay for itself. And then some.
COUNCILMAN KRUPSKI: We have been responsive to different pricing on the compost.
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Originally, I think a few years ago, it was a little too high and we weren’t moving any of it.
They are making a very good product down there now and we lowered the price to try to move it
along but we are always willing to adjust it.
ROBERTA LEE: Roberta Lee from Cutchogue. With regard to this question of compost,
wouldn’t it seem reasonable to, wouldn’t it seem reasonable to expect a landscaper to, if his costs
got increased by 30%, who do you think is going to pay that? You are. It gets passed on.
Somebody has got to eat it. A man has got to make a living. I mean, it is just, that is the way it
is going to be. It is going to be passed on. So I don’t know whether how good that is, an idea. I
am just throwing it out.
MS. NORDEN: I just think we should analyze it.
SUPERVISOR RUSSELL: I would just ask everybody to address the Board. And I would say it
gets passed on to the people that have the luxury of hiring a landscaper. It doesn’t get passed on
to me because my wife, fortunately, is a good landscaper. I have got no skills whatsoever.
MS. LEE: I didn’t get that.
SUPERVISOR RUSSELL: Well, I, I don’t hire a landscaper so I just assured you that the cost
doesn’t get passed on to me.
MS. LEE: Yeah but they are part of our economy base, aren’t they?
SUPERVISOR RUSSELL: That is right. Very much so.
MS. LEE: Also, I was at Cornell a couple of weeks ago getting a pathogen analyzed. And a
woman came in, she had picked up compost from the dump and she brought in a bag, she had
just laid out 50% of her property around the house, and found these little squiggly things running
around in them and they were termite larvae. What kind of liability would the Town incur if
somebody could prove that they got this from the dumps? Also, the poison ivy factor,
bittersweet factor, invasive weeds. Also pesticides. Who knows what has been poured into that
stuff. There is no system of analyzing the material. I think it is kind of risky and I prefer to
make all of my own compost and all of my own mulch. For that reason. Because you don’t
want to get some children ill or the animal life on your property. I just put that forward to you to
consider it as something to think about. Thank you.
SUPERVISOR RUSSELL: Thank you.
COUNCILMAN KRUPSKI: Thank you.
SUPERVISOR RUSSELL: This is a clarification. We are already in the compost business. We
have been in it like eight or ten years, I suppose.
MR. BUNCHUCK: Just briefly, first of all the whole compost process involves bugs. There are
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bugs throughout it and that is what makes stuff break down. Obviously we don’t want termites
and we, you know, if somebody says can I bring a tree loaded with termites in, we would
probably divert it to the construction pile. There is going to be some of that but the temperatures
in the piles reach typically 130 to 150 degrees, if it is done right and that should kill most
pathogens and most unwanted bugs. But we can’t guarantee that either but we know we have
reached those temperatures on a regular basis. As far as the testing, we do get it tested and
analyzed by a couple of different companies just to make sure, for comparison, to make sure we
are getting good numbers. One is in Huntington, he is a consultant actually to the vineyard
industry out here, it is a gentleman who has been doing this for probably 50 or 60 years and then
we also occasionally send samples up to the University of Massachusetts which has a well
known compost or organics laboratory and so we do know that our bad, any pesticide issues are
really dealt with. We don’t take grass, for example, not because we don’t want the nitrogen
which the grass has because we really do but we don’t know what people are doing on their
lawns and that is a good point. We don’t want herbicides and pesticides coming in. so we say
no to grass. And sometimes that is why it takes a little longer to break down because you are
dealing with a lot of carbon and not much nitrogen. But we do get it analyzed and checked and
we always had good readings on that type of…
SUPERVISOR RUSSELL: The larger issues of operations, we are already composting and
producing mulch. We have been doing it for eight or ten years, so we are not really here to
discuss, I appreciate your input Jim. I would recommend though, that is a large operation and
some point in the near future, we should probably have some sort of public discourse on that, it is
a substantial part of what the public pays each year, whether it is directly through real estate
taxes or the purchase of yellow bags. We probably want to have that public forum to discuss all
those aspects and have ideas like Melanie’s floated. In the meantime, I am hoping to focus on
the bond that has been presented. Would anybody else like to address the Town Board?
Anybody else? Mrs. Egan?
JOAN EGAN: Joan Egan, East Marion. When I read this, aren’t there, isn’t there a grant going
in on this in addition to the bond?
SUPERVISOR RUSSELL: It says subject to any grants that may be available. In other words,
you have four or five or six different items, there may or may not be grants available. In the
past, Jim has tried to match purchases with grant opportunities.
MS. EGAN: Oh, okay. In light of what is happening with fuel costs, I don’tknow how we can
even do an awful lot of projection on what the yellow bags will cost, because they all come from
fuel, petroleum and aside from anything else, has anything been done to get it safely in and out
of the dump by the traffic department?
SUPERVISOR RUSSELL: We made a request for a three way light, I know the traffic
commission has looked at it and they have endorsed that plan. Again, when you are dependent
on another jurisdiction, you have to wait for them to give them the okay to actually go in and get
it done. And that would be a county…
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MS. EGAN: So we are still in limbo there?
SUPERVISOR RUSSELL: County DPW.
MS. EGAN: Okay. Thank you.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (No
response) Let’s close the hearing.
Hearing Closed at 5:53PM
RESULT: CLOSED [UNANIMOUS]
MOVER:
Thomas H. Wickham, Councilman
SECONDER:
Louisa P. Evans, Justice
AYES:
Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Closing Statements
SUPERVISOR RUSSELL: Would anybody like to address the Town Board on any issue?
JOHANNA NORTHRAM: Johanna Northam, Southold. I had sent a letter of interest to
volunteer my services for the Stormwater Runoff Committee about a month ago and I didn’t hear
from them, so I went and I found out a Mr. Sambach had been appointed and was appointed by
the Town Board. Now to me that is a very large issue and on my background, I feel I could be
very well exposed to helping, so I would like to be an alternate, if possible.
SUPERVISOR RUSSELL: I would gladly add to that committee and put your name forward for
membership there. It is a very robust committee and it is a very important task. Certainly
something we tried to focus on principally over the past couple of years. We will do that in two
weeks.
MS. NORTHAM: Thank you. Another issue, I went to see Mr. Forrester this morning and he
said we do not have a pooper scooper law in Southold?
SUPERVISOR RUSSELL: No.
MS. NORTHAM: Is it possible, I mean….
SUPERVISOR RUSSELL: Yes. Very much so and a recommendation of some of the
stakeholders.
MS. NORTHAM: Okay. So, okay.
SUPERVISOR RUSSELL: There is also larger discussion regarding the possible need for a
sanitary code for the Town. Dumpster locations, screening, that sort of thing. All part of the
same section.
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MS. NORTHAM: Thank you.
SUPERVISOR RUSSELL: Mr. Allison?
DAVE ALLISON: Dave Allison, Cutchogue. Just want to make a comment on having the
Board meetings on the computer. I think it is worthwhile. You know to keep it up. I have had
two occasions to go back and verify some statements. It is worthwhile having that.
COUNCILMAN KRUPSKI: We appreciate comments because we need feedback.
SUPERVISOR RUSSELL: We actually go, we had done it on a trial basis and I asked the Data
Processing to run a list. It is not like channel 7. We actually have people that log in and we can
keep track of every hit on that and the hits we get are substantial on any given day. So it would
seem that the public has more support and interest in it than might have been conveyed.
MR. ALLISON: It is hard to rewind but you can get to it.
SUPERVISOR RUSSELL: Yeah. Would anybody else like to address the Town Board? Mrs.
Egan.
MS. EGAN: Joan Egan. How is Mr. Ed Forrester?
SUPERVISOR RUSSELL: He is back and back to work.
MS. EGAN: Thank god. And we are budgeting in next year for another code enforcer?
SUPERVISOR RUSSELL: I will include that in the budget that I propose.
MS. EGAN: Good. Now, the new sound system, this came up before the meeting. we used to
have speakers for senior citizens or people who had hard hearing. And that has been changed?
SUPERVISOR RUSSELL: It is the same sound system for…
TOWN CLERK NEVILLE: It is the same one, yes. I know what you are talking about, Mrs.
Egan.
MS. EGAN: We used to have, I think, speakers.
TOWN CLERK NEVILLE: No, there were no speakers. It was, was that they were available at
the podium and if anyone, it was, we will post the sign again. It is a little thing that they put in
their ears that makes it….
MS. EGAN: A lot of people don’t want to put those things in their ears. So we, you know, my
church has special speakers stationed in different places and we should have it here, too and it
doesn’t cost that much money and it is mostly seniors who are paying the taxes. Okay?
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TOWN CLERK NEVILLE: Well, there are speakers in the ceiling.
MS. EGAN: Yeah, I know there are speakers in the ceiling but you should have special ones.
What is the, Mr. Ruland, how is my situation with the flashing light in front of the Mattituck
School.
COUNCILMAN RULAND: Funny that you mention that. I had an occasion to speak with the
vice president of the school board today.
MS. EGAN: Uh huh.
COUNCILMAN RULAND: And to this point I know that they had contacted…
MS. EGAN: What, dear?
COUNCILMAN RULAND: They met with Assemblyman Alessi about the project.
MS. EGAN: Good.
COUNCILMAN RULAND: I am not sure whether they have funding available to them to go
ahead with the project in the current budget that they had just had adopted or not. Since there is
a substantial cost, which the school district would have to bear to…
MS. EGAN: The school would have to bear rather than the Department of Transportation?
COUNCILMAN RULAND: The Department of Transportation only allows you the easement to
put it there.
MS. EGAN: Oh, I see. Yeah. okay.
COUNCILMAN RULAND: And the Town of Southold would be responsible for the electric
bill.
MS. EGAN: Yeah. And what about our (inaudible) tree and flag? Flagpole?
SUPERVISOR RUSSELL: I don’t envision that tree being moved anytime soon.
MS. EGAN: I heard it is done by hand, this is the bad time of year to do it.
SUPERVISOR RUSSELL: Given the size of that tree, anytime of the year is a bad time to do it.
We have estimates up to $20,000 to relocate that tree. That is an issue that is yet unresolved as
to what we are going to do about that tree.
MS. EGAN: Well, I know that. And what about….
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SUPERVISOR RUSSELL: For clarity, that is the blue spruce that is in front of Town Hall that
has grown and it has now eclipsed the front of the building. We are more interested perhaps,
there was a proposal to cut it down, I would hate to do that. We wanted to relocate it, we got an
estimate of $20,000 to ball it to relocate it. I am not prepared to cut it down, I am not prepared to
spend 20 grand on it either. The other alternative is simply move the flagpole.
MS. EGAN: Yeah. Well, it looks pretty shabby to see the American flag torn and tattered out
there. What about the helicopters?
SUPERVISOR RUSSELL: Oh, they are dreadful. I have been deluged with phone calls every
weekend, I have called not only the 800 numbers that were posted for the hotline, I have reached
out to the federal legislators, Congressman Bishop and Senator Schumer who brokered the deal,
it is clear that they are not keeping their end of the bargain. That would be the helicopter
operators.
MS. EGAN: Okay and of course, anybody who is here, anybody who is up there, here,
anywhere, please don’t let me see you using those cell phones when you are driving. I hit the
horn. Lose their call, too bad about them. It is getting worse and worse and worse. So, have a
good one.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board?
MS. SAWASTYNOWICZ: Good evening. Nancy Sawastynowicz. You approved those
minutes that were from different years tonight and on July 3, 2007, the Town Board minutes,
which I think are the most important minutes to this Town’s development regarding the SEQRA
water maps are incorrect. They have Mr. Krupski, who was very concerned, and ‘he said I vote
no, I don’t believe the findings. I think it will have a significant environmental impact on the
Town and I think that the Town should exercise more control over the placement of water mains
in the future’. On the minutes, it says he voted yes. So I really would like to have this corrected
and then on the second resolution ‘he said, again, I vote no again. I don’t think that the Town
has control of its water and I don’t think that we should leave it into the hands of the Suffolk
County Water Authority to dedicate where water goes because I believe they spur development
by putting lines where they want them to go’ and he said no and in the minutes it says he is
saying yes.
SUPERVISOR RUSSELL: Just a clarification, I am sorry, Albert, I will speak for you. the no
vote speaks to the specific resolution itself. The yes vote is simply to adopt the minutes of that
meeting which recorded the no vote. You are voting for the minutes, you are not voting for the
resolution.
MS. SAWASTYNOWICZ: No, on everything it says he voted yes.
SUPERVISOR RUSSELL: Oh, okay.
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TOWN CLERK NEVILLE: Nancy, where are you looking?
MS. SAWASTYNOWICZ: It is July 3, 2007. When you adopted the water map.
TOWN CLERK NEVILLE: Well, again, as you said, this is just adopted the minutes here. That
has nothing, I have the minutes here.
SUPERVISOR RUSSELL: What you are saying is the minutes are wrong.
TOWN CLERK NEVILLE: And to further clarify this, both to Mrs. Egan and to Nancy, those
minutes that were accepted at the beginning of this meeting, they were distributed in a timely
manner, shortly after that two week period. At that time, whether it be 2005, 2006, to the Town
Board members and to the Town departments in the Town and they were also placed on
laserfiche and on MinuteTraq within that same short period after the meeting actually occurred.
And as a matter of fact, state law doesn’t even require a Town Board resolution accepting these
minutes. We just choose to put it on and do it each meeting. It is not required and also, Town
law does not require that we provide a verbatim transcript of all the comments made by the
public, the way we do at the meeting.
MS. SAWASTYNOWICZ: Okay. Because you do that.
TOWN CLERK NEVILLE: Again, we just do it. A lot of Town’s don’t.
MS. SAWASTYNOWICZ: I am glad you do.
TOWN CLERK NEVILLE: I don’t contract with an outside agent to do the transcription, it is
done in house, by my office, by a member of my staff, who does an excellent job…
MS. SAWASTYNOWICZ: She does.
TOWN CLERK NEVILLE: And she really miraculously turns them out very quickly in light of
all the information that we put into the minutes. I just wanted to say that.
SUPERVISOR RUSSELL: I am sorry, Nancy, just for clarification. What you are saying is that
his vote was recorded wrong on that specific resolution.
TOWN CLERK NEVILLE: The resolution, accepting the minutes.
MS. SAWASTYNOWICZ: Do you want a copy of it?
SUPERVISOR RUSSELL: Yeah, to see what you are referring to. That would be the specific
resolution….I remember Albert’s objection to that particular…oh, I see.
COUNCILMAN KRUPSKI: Thank you for looking through them.
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MS. SAWASTYNOWICZ: We do our homework. Because I really do believe that we have to
control the Water Authority’s involvement in our Town now because I know now those two big
pipes are going into Riverhead and that is just going to be more development out here and we
have to really, I know zoning, you feel zoning will help but we have to control what water comes
in, too because right down on Pequash right now there are two tiny little lots and they are putting
up big houses because the zoning was bought one lot by the husband, one lot by the wife, so
when they died they gave it to two different children and now they have two lots out of one, tiny
little lot. So zoning is okay but it is not as good as controlling the water. Thank you guys.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board?
BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. I try to be a positive person
and I would like to begin with a compliment to this Town Board with the exception of the two
new members who moved forward with the construction of the animal shelter. I toured the
construction, which the roof is on now and you can see the layout of all the rooms and it is really
going to be a fantastic facility. And not just for dogs, not just for cats. For people, too. I was
especially appreciative of the way the training room was designed to act as a training/meeting
room for the animal shelter but also with the exterior exit, so it could be used and with public
bathrooms in a separate part of the building. So it could be used even when the animal shelter
was closed by other groups in Town Hall as a conference or meeting room. I think it is going to
be a very useful facility. We need to do more of that. On the other hand, I am here tonight to
talk about some mistakes that have been made. I am sure you are aware of the mistake that was
made by the video recorder last week, maybe, maybe not. Well, I was the last one to speak last
week and I was cut off about half way through. So if you watch the TV or the meeting on the
computer, the complete meeting, it is incomplete. But I am sure it was just a mistake and
probably there is nothing that can be done about that. On the other hand, I think we agree
everybody makes mistakes sometimes. The real issue is what you do about it. Number one, do
you admit it, number two do you try to correct it. I would like to talk about a some mistakes and
you know, I really don’t like to say anything negative about somebody but if something goes
wrong and it is not mentioned, it is not known, it could happen again. So I would just like to say
that the vote by five out of the six Town Board members to award a salary, to grant a salary to a
chairman of a committee in the Town of Southold was wrong. Not and it was rescinded
allegedly because the chairman, that individual, declined to accept the salary but I think that we
need to point out that that is against the Southold Town’s own law. The code of the Town of
Southold which provides that the Town Board has the ability to form committees says that the
members serve without compensation. So, I, you know, I hope that there won’t be any other
salaries granted to one person like that. And hope that you will admit that it was a mistake.
SUPERVISOR RUSSELL: I had proposed paying him to be the liaison to the North Shore
Heritage planning initiative. The recommendation was made by a councilmember to remunerate
him as Chairman of the Transportation Commission. I made a mistake in following that lead. I
should have put the resolution up, specifically to serve as a liaison to a specific assignment. That
didn’t happen. I made a mistake in supporting that resolution and I will admit that 100 percent.
MR. SCHWARTZ: Thank you. Just want to speak briefly about what in my opinion is a serious
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mistake in the planning and zoning for this Town. On March of 2003, the Southold ZBA granted
the Breezy Sound Corp a special exception for Cliffside Resort condominium, a transient resort
motel on the North Road opposite San Simeon. The Zoning Board found that no evidence has
been submitted to show the safety, health, welfare, convenience, order of the Town would be
adversely affected by this resort motel use. Granting the subject special exception use, subject to
covenants and restrictions including that owners of the resort motel units shall be guaranteed no
more than two weeks of occupancy of their unit during the prime season. The resort motel
thth
would be closed from January 15 to March 15 of each year. And the units will not be
occupied as a dwelling. Now, to me if I was going to buy a unit that had a bedroom and a
kitchen and bathroom and you know, that I could live there, I might. Or I might let someone else
live there. I don’t like the Town, to see the Town granting permits to build essentially houses
and then saying you cannot occupy them for two months of the year or they have to be closed for
two months of the year. And if the resort motel is closed, does that mean that the people that
own the units can’t use them? I don’t know, it was not clear in the covenants and restrictions. It
was very poorly written. These people that do buy those units, they are going to be in a
condominium form of ownership, where they will get tax breaks and the rest of us who own
property in Southold Town will pay extra tax to make up for their tax breaks.
SUPERVISOR RUSSELL: Can I just clarify? Actually whether it is condominium or a hotel,
they are subject to the same 339Y of the real property tax law. So you can call it a hotel or you
can call it a condominium, they are still going to get the same valuation based on income. And a
condominium would actually probably generate a more stable income than a hotel would, with
the 40 to 60 percent vacancy loss each year. So if you taxed it as a condominium would
probably be more beneficial than hotel/resort standing. Because they are both valued on income.
MR. SCHWARTZ: I don’t think there was a SEQRA process on that one and I didn’t, what you
are saying now, I would have to look into it.
SUPERVISOR RUSSELL: Well, 339Y. But I do agree with you that it is too much.
MR. SCHWARTZ: I think that building there is a eyesore and I think it degrades the value of all
the other buildings and I don’t think we need that kind of a, you know, a, apparently I got the
impression that the Zoning Board and the Planning Board felt that they were coerced into
approving that project because the zoning was in place. And that is true. Zoning Boards of
Appeals, while they had some discretion whether to vary the zoning, they are bound by what the
zoning is in place. And the Planning Board is definitely bound by the zoning and the grant of the
special exception use virtually guaranteed that they would have to approve a site plan for that
property. So that is what I consider a mistake over there in Breezy Cliffside. Then I would like
to express my opinion that the hamlet stakeholder study committees were a mistake. Both the
initial round that was convened by Supervisor Horton and the second round that was convened
under the first Russell administration. The hamlet stakeholder study committees and I would
like to look at them in connection with the hamlet density zoning. The idea of the hamlet density
zoning was to have high density zoning outside of the hamlets. Then the hamlet stakeholder
committee groups were conveniently convened to reach a predetermined conclusion that in order
to have affordable housing we must have high density housing somewhere, so let’s put it in the
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hamlets. And the stakeholders were prohibited from considering planning outside of the
hamlets. So it was planning by micromanagement. It was spot zoning. Planning just for inside
of the hamlets without considering what is going on outside, even as close as right on the border
of the hollow zone, I call it the hollow zone because it, the word, most people mispronounce it
halo, it means hamlet, capital h, a, locus, capital l, o. If you do capital HALO, it is hollow and
that is really what it is, a hollow zone. It is, you know there was a lot of planning that was done
in connections with those groups that was good, I don’t want to throw the whole thing out but the
basic idea that those groups that plan for inside the hamlets and not look at the whole town is
indicative of a mistake which I think you are continuing to make but has been made by many
Town Boars, Supervisor and Town Board members before you. I will move on to the final
mistake I would like to talk about today, which involves the Heritage at Cutchogue. It also
involves the Southold water supply plan map which we just heard there was a mistake in
connection with the voting to adopt that map. I think that whole map was a mistake. I think
proceeding with the TDR program is also a mistake. Why are they, the Heritage, the Southold
town water supply map and the TDR programs are mistakes because we have no master plan and
this is the biggest mistake of all. And this mistake means that everything else that is done could
easily be seen as a mistake. If any, anything in our zoning ever gets sued, if anybody ever sues
the Town of Southold about any part of our zoning, the judge is going to find that the zoning is
valid or invalid depending on whether or not it is in conformity with a master plan. For years,
Southold Town administrations and officials have been saying we have a master plan. When
asked to produce it, they are less forthcoming. A lot of times they will say, you can go to the
library. Well, I suggest that you go to the library and ask the librarians, and I have gone to
several libraries and none of the librarians that are in charge of the government documents can
describe to me or explain to me or give me any more than bits and pieces of planning documents.
Nothing like a comprehensive or a master plan exists. With all due respect, before we focus on
the trees and I think it is important to focus on trees and get things done, but I think we need to
go back. Six months ago, this, most of the members of this Board agreed to do just that. To take
a break and go back and think about maybe doing a moratorium for a year to put together some
of the old planning documents. We have some wonderful planning documents which I am not
suggesting we get rid of them, but I am suggesting we incorporate them. In the 80’s there was a
supplemental master plan update was done which never really gave any indication as to what
other previous plans were being continued or what weren’t. It just kind of jumped in the middle
and tried to summarize where we were at that moment. And that was 25 years ago. You know,
since then nobody has even tried to summarize where we are right now let alone review what has
happened in the past 10, 15 years. You know, google is only 10 years old. I don’t know about
you but I think google has changed a lot of things, including Southold Town. So this lack of a
master plan is harmful for a lot of reasons, specifically the water supply plan map. You may say
now those things are not connected, what is the connection, right? I have been talking at
previous meetings about how the water supply map is connected to the Heritage and I was told
that it was irreverent, no, irrelevant, no, what, impertinent.
SUPERVISOR RUSSELL: The hookups in Laurel, both at CR 48 and at Peconic Bay Boulevard
are not pertinent to the issue of the zoning in the Heritage at Cutchogue.
MR. SCHWARTZ: They are not pertinent. Well, with all due respect I believe they are
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pertinent and the environmental assessment on which the water supply map was exempted from
the SEQRA process and the adoption of the water supply map was based talks a lot about the
Heritage. They call it the Hamlet at Cutchogue, the previous name but they talk a lot about that
in this document, specifically. And but all the talk is just blah, blah, blah, blah, blah, blerh,
blerh, woo,woo. You know.
SUPERVISOR RUSSELL: I can sympathize with you there.
MR. SCHWARTZ: That is what the content, well, and then based on all that Swahili, we
adopted the water supply map.
SUPERVISOR RUSSELL: We adopted amendments to it. The previous Board, I think it was
adopted probably around….
MR. SCHWARTZ: The new water supply map was adopted.
SUPERVISOR RUSSELL: The amendments to the existing map.
MR. SCHWARTZ: Which included the hookups to import water to Southold Town. With all
due respect, SEQRA is a two purpose statute. It is to protect the environment and it is also to
open the government process to allow other members of the public and other different forms of
government, different branches of government to work together and private groups to work with
the government in this very important endeavor of land use. The State Environmental Quality
Review Act. Has those two purposes. Those two purposes has been defeated by the way this
Town has been using the SEQRA law. This Town has been abusing the SEQRA to, instead of to
provide public access to prevent public access instead of to protect the environment, to damage
the environment. And as an example, in the environmental assessment for the water map which
is the current means which the Town of Southold controls the operations of the Suffolk County
Water Authority and the provision of public water in the Town of Southold. In here, it says that
we don’t need to do SEQRA on the adoption of the public water supply map because it is not
expected to result in a significant adverse environmental impact because we are already doing a
separate SEQRA process on the Heritage. But if we are doing a SEQRA process on the
Heritage, it is because there has been a determination that there may be significant adverse
environmental impacts. It is possible that the effect of the SEQRA process might be to mitigate
those impacts but it doesn’t eliminate them and to say that because there is one SEQRA process
going on for that development we don’t need and that the adoption of the revision of the water
supply map, which I am still trying to understand, and I don’t believe that any of these, any of
the Board members understood it before they voted on it and I don’t even know if it is actually
intelligible. Anyway, enough of that. The Heritage we, you know, the Heritage is some of the
prime farmland in our Town, provides aquifer recharge, protect our natural groundwater
resource, which we depend, especially those of us that are not on public water. If you are on
public water now maybe you can get your water from Riverhead. But for the rest of us, I am
concerned that bringing that water from Riverhead and thenusing it and releasing it into the
ground here is going to further contaminate and aggravate the problems we already have with
groundwater contamination. The Heritage is also a very important scenic view, a historic scenic
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view. One of the gateways to the hamlet of Cutchogue. Which is not just something nice to look
at but it is something which adds to the attractiveness of our town and the economy of our town,
contributes to the economy of our town. Should be preserved. The track we are on right now,
relying on the Planning Board to review the developers lead initiative application, developers is
leading the charge right now. under the current zoning, the Planning Board is reviewing the
developers application but the Planning Board is like a French judge, you know the difference
between a French judge and a English judge? Well, the French they have the civil law that is all
written down and they have to follow what is written down. The English judge follows the
common law. He takes the statutes that the legislature has written down and takes them but he
will apply them to the specific case and if they don’t fit, he can vary the laws. He can actually
create new laws for that case. Of course, the higher courts can overturn them. But our system
for the most part is based on the common law but the Planning Board, in our system, similar to a
French judge, is not allowed to vary the law for a specific case. They are not allowed to create
new common law. They have to just take what they have got and in this case, we can expect a
very bad verdict I believe. I believe that the, you know, and if you don’t believe me then let’s
see what the Supervisor had to say about the subject. On October 23, 2007, Supervisor was
speaking at the Town Board meeting and said, ‘fifty acres at a quarter acres is obscene, I know
that’ I know it is not 50 acres, it is 46 acres and it is not all being developed at quarter acre
zoning but I still think you had it right when you said it was obscene.
SUPERVISOR RUSSELL: I do, too.
MR. SCHWARTZ: And then you said that 20 or 25 acres of open space would provide us the
buffers we need to keep some semblance of Cutchogue still there. And those are your words.
SUPERVISOR RUSSELL: I agree with them. I still do.
MR. SCHWARTZ: I agree with you but is there any hope that if we continue, if this Board does
not impose a moratorium, does not put a halt under the process in this application under the
current laws, does not enact some design standards to complete an incomplete zoning code
which is part of an incomplete master plan, does not pause to have some real community input
not just hand picked selected people with their attention directed at specific issues by the
planners but you know, that some of the old planning that was done for Southold there was one
firm that came in here and I don’t know who paid for it but they talked to something I think it
was like 90 % or 95 % of the farmers in Town before they came up with their recommendations.
Contrast that with the hamlet studies groups were you take these little, they call them
stakeholders groups. I don’t know what stakes they had but I think there were a lot of stakes that
were not being held.
SUPERVISOR RUSSELL: Can I just point out, you said handpicked. Let me point out that the
reason I reconvened them is because the first time and although I think that the previous Board
did a good job of providing a balanced view, I wanted the public to have the opportunity to
participate to whatever extent they saw fit. I advertised in the papers, I issued press releases and
everybody that came forward was appointed as a stakeholder.
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MR. SCHWARTZ: I appreciate that and I do give you credit for trying, Scott, however, I still
feel that there is a big difference between groups, however they are picked or whoever, I mean,
you can only do so much. And I am not, you know, just putting the fingers on the Town Board
either, there should be more people here, there should be more people up here at this oak lectern.
Who made this thing?
SUPERVISOR RUSSELL: DPW, Mike, he is an absolute pleasure to have on staff.
MR. SCHWARTZ: We have got a lot of nice things, he did a very good job planning this and
implementing this, executing it. But what I am talking about is that there is a difference between
a group that is convened at the initiative of government. Let’s say that if the police wanted to
form a neighborhood watch or something versus where the neighborhood forms a neighborhood
watch and wants to work with the, the same that if a planning group, the Group for Cutchogue or
something, forms a group and wants to work with the Town, I think you should welcome them
and I just want to thank you for listening and just to let you know that while there may not be a
lot of people here, I hear from a lot of people. Every where I go, walking down the street, on the
beach, when I go to the supermarket and yard sales. People stop me in front of the library. All
kinds of people, senior citizens, children who are still in school, kids who are youth leaders, who
are leading youth groups, truck drivers, store owners, bloggers, summer people, uh you know,
speaking of summer people and I am almost finished here, but speaking of summer people you
know, that is another thing that we could do if we really got active in planning is look at yes, we
have these summer and then we have a certain fall tourist season now which is very big but what
about winter and spring? Now they are great times out here and personally I kind of like it quiet.
Maybe we could develop another season. Anyway, in closing I would just like to read from one
sentence from a blogger, who did a blog about the north fork. And he says, we have been
looking for a house for nearly four years. On our first trip to the north fork, we immediately
knew that this would be ‘home’. This place comes to us wrapped in beauty, only to be rendered
common by some. You can find that on the north fork blog spot dot com. If you have any
trouble finding it, email me and I will help you. But he has beautiful photographs of our
environment here and you know, the natural environment, without that there is nothing else but
in addition to the natural environment, I have got to give you credit for voting to purchase the
Tall Pines and preserve that very special piece of nature but the human environment, the built
environment, the cultural environment, our downtowns, they need protecting, too. And it is up to
you. We are going to continue to try and help you but we can’t do anything if you won’t. Six
months ago you said you were going to contact the developer and get back to us two weeks later.
You never got back to us, Scott. What…
SUPERVISOR RUSSELL: I emailed you several times. My emails never get responded to.
And I email you at Cutchogue Group all the time. And I never get responded to, Benja.
MR. SCHWARTZ: I haven’t gotten one from you.
SUPERVISOR RUSSELL: I will give you the ones I sent. I sat down with the developer once
about buying the 20 to 25 acres, he rejected that out of hand. The Land Preservation
Commission just sent applications to the contract vendee and the owner.
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MR. SCHWARTZ: I read the letter the Land Preservation Committee sent and again, they are
basically into preserving agricultural and natural areas, they are not really into the cultural, the
town and certainly but basically they sent the contract vendee and the owner a letter saying if
you are interested in preservation, fill out this form and we will get back to or something. There
was no expression that the Town was interested or no, you know, if I was an owner and I got a
letter like that, I would not take it as a….
SUPERVISOR RUSSELL: I might not be much but I am the Supervisor and I sat down with him
and the contract vendee and his attorney. Talked to them emphatically about the need to acquire
some of that property. He rejected that based on a critical mass argument. It is not worth it for
me to sell to you. I need the critical mass to profit and more importantly, to carry those common
charges down the road for the new committee as it gets created, for this new neighborhood.
MR. SCHWARTZ: Well, there you go. It proves my point. If he is not, if he is bent on
developing pursuant to current zoning as it is now. Maybe we need to change that zoning
before…
SUPERVISOR RUSSELL: And…
MR. SCHWARTZ: …an approval is granted and we don’t have that power anymore.
SUPERVISOR RUSSELL: We have a substantial amount available to us. We are exercising
every option. I talk to you about this all the time, my problem is, I am in a tough spot here. If I
sit here and have this discussion with you, then the Town Board is going to get mad for
belaboring this meeting but at the same time, I do want to bring some clarity to some of the
things you have said. We are doing quite a bit, the Planning Board has already developed some
design standards. We have made clear to him several times what our needs are, more open
space, less units. The burden is on him to come back to us to prove he willing to do that. You
mentioned water a few times tonight. have you seen any document that suggests, right now
today, he is eligible for public water? From this Town Board? Based on our water map? Have
you seen any documents that suggests he is automatically guaranteed to get public water there?
UNIDENTIFIED: Yes.
SUPERVISOR RUSSELL: Where?
MR. SCHWARTZ: No, not that he, no, I think he still may, wait a minute. He still may…
MS. SAWASTYNOWICZ: (Inaudible) The Water Authority said, if he gets site plan approval,
we will give them water.
MR. SCHWARTZ: That is true.
SUPERVISOR RUSSELL: But the Suffolk County Water Authority, on that water map, will
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come to us for water availability.
MR. SCHWARTZ: That is not clear, Scott.
SUPERVISOR RUSSELL: That is not clear. It is not clear. You are right.
MR. SCHWARTZ: I think Mr. Wickham wants to say something.
COUNCILMAN WICKHAM: Yes, I do. You have been at the podium for 35 minutes. It has
been a long day, some of us have additional work that we would like to do tonight. I think, just
personally, speaking for myself, you have had a lot to say, we have listened politely, we have
tried to interact, I think the time has come to close the meeting.
MR. SCHWARTZ: I wish that the public could have seen what I see when I was trying to talk to
you Tom and you wouldn’t look at me the whole time and you were, you know, falling asleep….
COUNCILMAN WICKHAM: I am not falling asleep.
MR. SCHWARTZ: Alright. Are you going to, if I make a motion to uh….
COUNCILMAN WICKHAM: You are not a member of the Town Board.
MR. SCHWARTZ: Well, a motion from the floor. It is, you know, Roberts rules of order. You
know, and it doesn’t matter, you can vote it down today and we can bring it up again next week.
But I would suggest that, do some serious thinking about the proposal which was floated six
months ago today to put a hold on this madness. Because that is what everybody, the kids know
it, the old people know it. You know, the business, these people, they all know it. We don’t
want Cutchogue to be surrounded by condominiums. Thank you.
SUPERVISOR RUSSELL: Thank you.
ROBERTA LEE: And just before you go, I have been sitting here for two hours and have been
listening to everybody else, I have three short comments.
COUNCILMAN WICKHAM: Yes.
MS. LEE: I will be as brief as I possibly can be. I am Roberta Lee, from Cutchogue. Okay. I
too, am very gratified about the transaction acquiring Tall Pines and I think it is a very wonderful
move. Fine. I also like the flag, apple pie and my mother. I don’t mean to be sarcastic, I am just
exhausted. Okay. I too, feel that with the acquisition of the Tall Pines, that we also have a great
need to acquire the property that Benja has been talking about near the Cutchogue Post Office. I
can’t begin to use that, the H word in regard to this property. I think you all know my feeling
about that. It is nothing to do with heritage of anything. I don’t understand, also, why the Town
Board is so convinced that if we go to court with these people about a moratorium or about
anything else, that we are going to lose. Why is there such a pessimistic attitude about that
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when, especially when, the last time you went to court with them 25 years ago the Town won? It
is just, I don’t understand that.
SUPERVISOR RUSSELL: The issue isn’t that we will lose, the issue is what will we lose in the
process? We have, we have already gotten concessions on the reduction on density. The current
proposal is at 2 ½ per acre, not the 4 that the zoning allows. What else can we achieve and what
is the best way of achieving it? If the goal is to scale it back substantially, we have picked I
believe, the best course of action which is a global, positive declaration on that SEQRA process.
It is a very, very steep mountain for him to climb. And that is the climb that he is still trying to
make. It is not like this application is skimming along the tracks willy, nilly and that nobody is
doing anything. It is substantially misleading to suggest that.
MS. LEE: But Norcro itself has said, repeatedly, that they have offered to sell the entire parcel
to the Town and that they have never had a response from the Town.
SUPERVISOR RUSSELL: In the two plus years I have been Supervisor, no member of that
corporation has offered to sell that property to me. In fact, when I asked one of the principals
about that, he said, well I can’t speak for it because it is in contract. Based on the terms of their
contract, again, I am not an attorney but we have two parties here, we need to get the interest of
somebody that can speak for that title.
MS. LEE: I would hope to see that, the best thing that could be done is to, we don’t want to
open the door to that kind of development because it is just going to pull everybody down. I
remember people, like you yourself Tom, if you recall, 25 years ago where you had to talk about
this here. I think it was last September, you also brought up the fact that you were so appalled
about this at the time that that is what got you to go into politics. I remember that.
COUNCILMAN WICKHAM: That was the so-called master plan of the late 80’s.
MS. LEE: No, it was about the…
COUNCILMAN WICKHAM: And it did involve specific properties, such as that.
MS. LEE: Mmmhmmm. Including Norcro. And Norcro or Nocro at all, but what I can’t
understand is it seems a contradiction to me today, that now you seem perfectly at ease with, and
in fact, I think I have you verbatim for saying you don’t object to the density. You thought it
was perfectly fine and I think your words were, ‘I am fine with it’.
COUNCILMAN WICKHAM: I don’t think that characterizes what I have said and I don’t think
it characterizes what I feel.
MS. LEE: Oh, well, good. If you want to be on record about that, I would be very happy to hear
that.
COUNCILMAN WICKHAM: This is a project that is before the Planning Board, it is not before
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Southold Town Board Meeting
the Town Board. I view the project as an application that is before the Board, I have confidence
that the Planning Board will handle it well. I believe that ultimately the Planning Board can
insist on a number of features for that project that would make it acceptable to the people of
Cutchogue and ultimately to the Town of Southold.
MS. LEE: And…
COUNCILMAN WICKHAM: I am not….
MS. LEE: And unfeasible for them as developers to squeeze the last nickel out of that piece of
property.
COUNCILMAN WICKHAM: I think, of course, that is what developers try to do.
MS. LEE: Mmmhmmm.
COUNCILMAN WICKHAM: But that is not what the Town is here to do. If the Town is to
protect the Town’s interests and the people who live here, I have confidence that our Planning
Board can do that.
MS. LEE: I hope they will. I would hope one day I can feel the same confidence you do. I
would like to see some action taken on this issue so that we can all feel a lot more comfortable
with the Town, with each other. Thank you.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board?
TOWN CLERK NEVILLE: I would just like to say something. I would like to thank Benja for
the correction you brought to light on Mr. Krupski’s vote. And my apologies to Mr. Krupski.
Please be assured that it will be corrected. I do go back and double check a second time to re-
examine. I am sorry, I missed this one. I will strive to do a better job in the future. But I do
thank you for the correction. I like the record to be correct.
COUNCILMAN WICKHAM: Move to adjourn?
SUPERVISOR RUSSELL: Okay.
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 6:42
P.M.
* * * * *
June 3, 2008 Page 75
Minutes
Southold Town Board Meeting
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER:
Thomas H. Wickham, Councilman
SECONDER:
Albert Krupski Jr., Councilman
AYES:
Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell