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HomeMy WebLinkAboutTB-06/17/2008 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES June 17, 2008 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, June 17, 2008 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on June 17, 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 Patricia A. Finnegan Town of Southold Town Attorney Present I. Reports 1. Board of Trustees May 2008 2. Judge Price May 2008 3. Town Clerk May 2008 4. Judge Bruer May 2008 June 17, 2008 Page 2 Minutes Southold Town Board Meeting 5. Program for the Disabled May 2008 6. Department of Public Works May 2008 II. Public Notices 1. NYSDEC Complete Application Gallagher Property 2. NYS Liquor Authority New application for On-Premises Liquor License by North Fork Restaurant Group LLC, 13550 Main Road, Mattituck III. Communications IV. Discussion 1. 9:00 A.M. Police Advisory Committee Committee Report/Update 2. 9:30 A.M. Jim Bunchuck Requests from Bond 3. 10:00 A.M. Vicki Toth Interview 4. 10:15 A.M. Aggie Golding Interview 5. 10:30 A.M. Phillip Beltz Youth Bureau Update 6. Fuel Usage, Highway & DPW per Councilman Krupski 7. Animal Shelter 8. Possible Joint Meeting Planning Board/Town Board re: Heritage per Councilman Krupski June 17, 2008 Page 3 Minutes Southold Town Board Meeting 9. Private Use of Recreation Center 10. Planning & Zoning Notes - Accessory Apartments - Policy regarding Amending the Water Maps 11. Transportation Issues - Councilman Wickham - East End Transportation Update - Other 12. Request for Family Medical Leave 13. 12:00 P.M. Richard Zuckerman, Esq. Executive Session 14. 12:30 P.M. Lunch 15. Executive Session Acquisition of Property per Supervisor Russell 16. Employee Attendance at Seminars, Conferences & Courses Pledge to the Flag Supervisor Scott Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. Would anybody like to come up and address the Town Board on any of the agenda items? Mrs. Egan? Joan Egan, Greenport JOAN EGAN: Joan Egan. I didn’t get a chance to really go over the final one but I think this is pretty close. What I picked up. Joan Egan, East Marion. Everybody looks happy to see the sun and no rain and thunder and lightning. At the work session, you are going over I see more carefully, attendance at seminars, conferences and courses, right? SUPERVISOR RUSSELL: That is right. MS. EGAN: Good. SUPERVISOR RUSSELL: And actually developed a new list, a new form that will go to each department that needs to be filled out prior to attending or prior to our voting on resolutions for attendance. We call it the Joan Egan act. MS. EGAN: And Joan Egan will check it. June 17, 2008 Page 4 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: The Joan Egan act is what we refer to that legislation as. MS. EGAN: Oh, now in regards to item 583, I didn’t see anywhere in there about the bond that we spoke of, that we might get. SUPERVISOR RUSSELL: I am sorry, I am looking for 583. JUSTICE EVANS: The bond resolution is tabled. SUPERVISOR RUSSELL: Oh, the bond resolution. MS. EGAN: Yeah. SUPERVISOR RUSSELL: What is the question? MS. EGAN: That we might get some grants or something. SUPERVISOR RUSSELL: Yes. We actually have, I can outline on each of the budget items what might be grant eligible up to 50%. It looks like I think, three of the four requested items were eligible for grants. MS. EGAN: Well, let’s try and get them, huh? SUPERVISOR RUSSELL: Absolutely. MS. EGAN: Now on item 587, this is that police officer, Joseph Knoll. I thought we passed that last time. Did you find out, I didn’t get a check on it today, how many of those police officers that were out on disability were still out? SUPERVISOR RUSSELL: We actually went over that with counsel today. MS. EGAN: Hmm? SUPERVISOR RUSSELL: With our Town counsel. Our attorney that represents us with PBA. MS. EGAN: And? SUPERVISOR RUSSELL: We have more than we would like, to be frank. Police officers out on disability, more than we would like. MS. EGAN: There are more than four now? SUPERVISOR RUSSELL: I believe there is a total of seven. June 17, 2008 Page 5 Minutes Southold Town Board Meeting MS. EGAN: Well, maybe they need Joan Egan there, too. SUPERVISOR RUSSELL: And don’t think we didn’t bring that up. MS. EGAN: I won’t ask what their reply was. Oh, this, on item 588. How many hours will she get? Ballpark? A week, a month, a day. SUPERVISOR RUSSELL: 588, the part timer? They are restricted to no more than 17 ½ hours in any given work week. By CSEA contract. MS. EGAN: Oh, okay. Oh, now, on item 589, this will be, you know, on the farmstand item. Do we take the opportunity, which we have access to who owns farms, do we send them a public notice or is it just through the newspaper, a big ad or what? You know, when this hearing will come up. SUPERVISOR RUSSELL: We actually, well, we publish it in the paper as a result of a requirement under the law but we also have an Agricultural Advisory Committee, who serve as a liaison to the agricultural community. MS. EGAN: So you are hoping he gets in touch… SUPERVISOR RUSSELL: They get in touch. MS. EGAN: Good. SUPERVISOR RUSSELL: The seven farmers from the community that serve on that advisory committee. MS. EGAN: Good. A lot of Fishers Island things. How did those people do, Mrs. Nevans? Who went to Las Vegas? They do some good for you? JUSTICE EVANS: Mrs. Evans? We haven’t approved it yet but… MS. EGAN: No, it was approved. They already went to Las Vegas and you were supposed to stay on top of that. To see that they did something for Fishers Island. JUSTICE EVANS: We tabled that. SUPERVISOR RUSSELL: I believe we tabled that two weeks ago. MS. EGAN: But it had already happened. SUPERVISOR RUSSELL: Yeah, they had submitted a resolution for a trip that already taken place. June 17, 2008 Page 6 Minutes Southold Town Board Meeting MS. EGAN: Are you all getting a senior moment up there? SUPERVISOR RUSSELL: No. they actually had submitted a resolution to us for a trip that had already taken place. MS. EGAN: Yeah. Great. Oh, on this item 604, on this historic site. If that is, do we keep, does it stay in that category for time eternal? It will always stay as a historic house? SUPERVISOR RUSSELL: As a landmark property? It certainly will, as long as that law stays on the books. MS. EGAN: Yeah. What do you mean, what law? SUPERVISOR RUSSELL: That would be those legislative initiatives that the previous Board passed, creating a landmark legislation for landmark properties. And it gets put on a formal list by a vote of this board and it stays on that list, unless you do away with that law. MS. EGAN: Yeah. Because you know the American Legion hall here in Southold still is owned, they receive the property with the condition that if they couldn’t keep it up, it goes back to the family. So I was wondering if this was, you know… COUNCILMAN KRUPSKI: This is private ownership, so even if the people sold it, it would still have that designation, that landmark designation. MS. EGAN: Oh, I see. Okay. Mrs. Neville, item 609, this is not a day trip? TOWN CLERK NEVILLE: No, it is not, Mrs. Egan. MS. EGAN: And I truly feel that this can all be done, you have gone away on another one this year, prior to this. TOWN CLERK NEVILLE: That is correct. MS. EGAN: Maybe two others. I really don’t think this should happen. I honestly don’t. COUNCILMAN KRUPSKI: Well, we did, actually, Mrs. Neville filled out the form that she helped us complete, not complete, compile. MS. EGAN: This is the second or third one, that Mrs. Neville has gone on. COUNCILMAN KRUPSKI: And she is very active, she is the New York State Town Clerk of the year and she is very active in that organization. MS. EGAN: I think that is great. But it doesn’t help pay my taxes. June 17, 2008 Page 7 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: No, well let me clarify something. She has actually brought back innovative ways of dealing with the paper, the mass paper amounts here; such as the laserfiche which she shepherded. That is not just saved weeks but months of time for applicants and you have to remember, we create a lot of revenue from those applications. Time is money. The faster we get those applications, the faster we get paid. We, this is, to be frank, chump change compared to what she saved and brought into this town in terms of revenue. MS. EGAN: I don’t know, dear. Oh, now on item 613, he went away last year, the…. SUPERVISOR RUSSELL: They require annual recertification of his firearms permit. MS. EGAN: Uh huh. And who up there went over the Justice court things that happened? SUPERVISOR RUSSELL: Who went over the what? MS. EGAN: Justice Court reports. SUPERVISOR RUSSELL: Justice Court? We do every two weeks. MS. EGAN: You read the printout? You go over there to the… SUPERVISOR RUSSELL: Not only read it, well, I am here every day so I am here every Friday. So I am well aware of what is taking place and I have also been discussing issues with the Justice Court every day, since we are in the process right now of finding a new home for it. So we are quite aware of the work load. MS. EGAN: Okay. Oh, dear. Now, what, on item 616 does this have anything to do with the (inaudible) properties? SUPERVISOR RUSSELL: That is a Fishers Island airport issue? We actually have grant opportunities because it is, I believe, comes from the federal government, the FAA. This is an airport that receives FAA financial assistance. However, it does require an authorization through the Town Supervisor. MS. EGAN: Yeah, okay. And I see we are doing things, changing things for the Highway Department on 618? SUPERVISOR RUSSELL: There is just a housekeeping measure. MS. EGAN: We didn’t have as much snow removal so we are… SUPERVISOR RUSSELL: That is right. Utilizing some of that money to maintain the equipment. MS. EGAN: Okay. Oh, didn’t we always deal with Bridgehampton Bank? 619. June 17, 2008 Page 8 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: We actually have deposits in all the local banks. MS. EGAN: We have another new little bank in Southold. SUPERVISOR RUSSELL: That is right. we met with them and we are considering doing some business with them. MS. EGAN: What was the name of that one? SUPERVISOR RUSSELL: That is, I want to say Commercial Trust. American Community Trust. MS. EGAN: What is it? TOWN ATTORNEY FINNEGAN: American Community Bank. MS. EGAN: We will have another bank we are going to deal with. SUPERVISOR RUSSELL: We are considering doing some business with them. They are a local bank and we like to keep our deposits throughout all the local banks. MS. EGAN: Okay. Now, this sounds very interesting. 620. A youth bureau. SUPERVISOR RUSSELL: That is right. MS. EGAN: That sounds good. SUPERVISOR RUSSELL: Yeah, we are pretty excited. MS. EGAN: Talk about it. SUPERVISOR RUSSELL: The, we created a youth bureau with community representatives, groups that represent, individuals that represent all walks of life out here. A lot of them are already involved in youth type of services, family service league, etc. This youth bureau, we created a youth board, we had petitioned and got formal youth bureau status from the State of New York that will qualify us for grants to provide youth services. We are looking at creating a skate board park in Mattituck, one in perhaps, one location in Southold. We are looking at creating enhanced services, transportation services for youth. Wherever we create opportunities for them, we have to make sure they have opportunities to get back and forth. So we actually have one member looking at getting grants for busing opportunities, we are looking at creating all sorts of programs with the acquisition of the Peconic School as a community center. MS. EGAN: Now do you stay on top of that or you field that out to different… June 17, 2008 Page 9 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Philip Beltz generally runs it for the Town. MS. EGAN: Pardon? SUPERVISOR RUSSELL: Phil Beltz generally oversees it for the Town, however, I do go to all the meetings. Most of them, and we actually have a liaison on the Town Board as well, Vincent Orlando. So we have two members of the Board that stay active with them. MS. EGAN: Good. And he will watch out for the Mattituck School, right Mr. Orlando? COUNCILMAN ORLANDO: Absolutely. I look out for all the town. MS. EGAN: Everybody watches out for…. COUNCILMAN ORLANDO: It is a very active new committee, it is very exciting and I think it is going to do well for the community. Everybody is looking forward to it. MS. EGAN: Good. Good. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the agenda items? Melanie? Melanie Norden, Greenport MELANIE NORDEN: Hi, Melanie Norden, Greenport. Resolution 583, the dump, otherwise known as the Transfer Station. Does this mean that you have dumped the idea of the overhead garage doors or is that being tabled? SUPERVISOR RUSSELL: That is being removed. There was no support for the Town Board to pay for the installation of those overhead doors this year. MS. NORDEN: Great. Okay. The other thing is, in most municipalities, garbage pickup is part of the package of people’s basic taxes. And we don’t have that service here. In addition, we pay quite a bit of money for the yellow bags. In today’s economy, I think this is fiscal irresponsible. Almost morally irresponsible because we are paying a lot, you know, to drive to the dump, the gas prices are astronomical and I wondered if you could talk a little bit about the deliberations that the Town Board went through in making this decision and whether in fact you considered at all the present economy and what tax payers are going to have to go through. Our taxes are high, we get absolutely no services, we now have a big bond, we have yellow bags and we have to drive to the dump or pay private carters. And I raised a number of issues the last time in terms of revenue generation, could you share with us a little bit about what you deliberated and why you decided to spend $600,000 today in this economy? SUPERVISOR RUSSELL: Absolutely. Two of the items, two of the heavy ticket items were pieces of equipment that we need to replace to stay functional and operational at the landfill. That would be the front end loader and the trammel screen. We have that equipment, it is failing. We need to maintain it to continue to run the facility down there. the, there was a heavy June 17, 2008 Page 10 Minutes Southold Town Board Meeting discussion on the bagger. I think there was general support for the compost bagger, the question is whether we should wait and I had actually advocated waiting and financing that as part of the general revenue stream in the new year, since it is an item, it is a $99,000 purchase of which half may be returnable on grant. Certainly, the other half is returnable on income that it will produce for this town and package the compost in a manner that makes it convenient for the homeowners. We had actually, the Town Board felt that it was more important to get the bagger purchased sooner, before the winter months, so we can start stockpiling when we have downtime at the landfill. Stockpiling the bags of compost. We agreed today that we will include it in the bond, so we have a legal opportunity to actually go out to bid to secure it because it takes several weeks to buy, though if the grant does come through, we will be able to pay off the bagger without having to actually exercise the bond. In other words, authorizing the bond doesn’t mean we have to spend the bond. It is like getting, increase and you are living on the credit card. MS. NORDEN: We may have to spend at least 50% of whatever you have approved. SUPERVISOR RUSSELL: That would be but theoretically if can create revenue soon enough and we can get a grant soon enough, we can actually pay for the whole thing without getting one dollar in bond money. We are going to have that discussion when we get to the new fiscal cycle in the fall when we do the new budgeting. The idea was to authorize the bond, so we have a legal right to go out and order the equipment right now. It is not fully decided that we have to bond for it. We are going to have wait and determine how quickly can we get it, how quickly can we generate revenue from it, and how quickly can we get a grant for it. That is just one of the items. The other items, like I said, were essential to keeping the facility running, the garage, the doors, I know there was some support on it among the Board members, on the whole we felt like that building cost so much money and it is not an essential component to functioning. It might make it a more pleasant facility but right now it is the most pleasant facility in all of Town Hall’s inventory because it is the newest and I think we are willing to forgo that expense. Regarding pickup, let me just point out, I know the bags cost a lot of money but understand that those bags are, cost exactly for the cost of getting rid of those bags. We don’t, we take those bags and they get shipped out. MS. NORDEN: I understand that. SUPERVISOR RUSSELL: We get the cost of fuel price adjustments and all of those things. There is a no money issue there, we, it costs us that much to get rid of it for you. Garbage… MS. NORDEN: Well, it may be a no money issue for the Town but there is a real money issue for the taxpayer. SUPERVISOR RUSSELL: There certainly is. But let me caution, when you talk about tax rate. You get garbage collection on the west end but you pay dearly for it. If you are in the Town of Islip and you have an accessory apartment, you are paying $1440 just for your solid waste district. In Southold Town, your average tax bill on the whole isn’t that much. We made choices years ago to focus on things like preservation, not municipal services. That is the bulk of the tax that you are paying in Southold. We can add garbage collection, we can always have that June 17, 2008 Page 11 Minutes Southold Town Board Meeting discussion down the road. I know more people are coming up and asking me for that every day but let me caution the public, it costs a lot money, whether you are paying it weekly through yellow bags or you are paying it through a tax bill, garbage collection is an expensive proposition. Garbage pickup is an even more expensive proposition. We could certainly, you had raised some excellent ideas two weeks ago to re-evaluate how we are dealing with trash. I happen to agree with you on everything you said. It is, the potential for money is there and in the near future, how we do business down there is something we need to sit down and address and I am going to invite you and others to a meeting so we can look at a long term plan on saying how can we create more revenue from this facility. MS. NORDEN: Yeah. well, I would like the Board to very much consider eliminating yellow bags. I mean, this was something that was enacted politically several years ago. It is a tremendous burden. I mean, I agree in terms of municipal pickup that probably would be very burdensome and very expensive. But the yellow bags, I mean, a lot of people pay $5, $6, $7 a week. It is really a lot of money. And ….. COUNCILMAN ORLANDO: But you remember that the purpose of the yellow bags…. MS. NORDEN: I understand the purpose…. COUNCILMAN ORLANDO: …was to encourage recycling. It really does encourage recycling when you have to use yellow bags. That was the main purpose. And it worked. MS. NORDEN: Well, I think there are plenty of other ways to encourage recycling… COUNCILMAN ORLANDO: Let me just… MS. NORDEN: ….without putting a financial burden on the taxpayer. We have a lot of responsible citizens out here who recycle because they care about the environment not because they have to pay for yellow bags. The idea that there is a punitive, that you need to enact a punitive measure to make us be ecologically responsible is, I think, ridiculous. Bottom line is, people do care about the environment but it has to stop at some point for the taxpayer. If the yellow bags are 20% of the revenue as Mr. Bondarchuk pointed out, then there is a way, there has got to be a way for you to make up that 20% without putting the burden on our shoulders. SUPERVISOR RUSSELL: Let me just point out, the removal of that waste right now is paid for by yellow bags. If we do away with yellow bags and I hate the yellow bags, I have hated them from the day they were enacted, but the reality is if we do away with that, we have to find a way of paying for the removal of that refuse. If we go to taxes, then that elderly woman… MS. NORDEN: I am not suggesting we go through taxes… SUPERVISOR RUSSELL: Well, you can’t just…. MS. NORDEN: If you generate 20% more revenue by making the transfer station pay for itself June 17, 2008 Page 12 Minutes Southold Town Board Meeting and be up to date on recyclables and all sorts of other opportunities. I mean, the bottom line is you approve the concept of a bond and you table the discussion as you just mentioned, on revenue generation. It seems that that is kind of backwards. Maybe the discussion should have been revenue generation and making the dump pay for itself first and then deciding on the approval of a bond. Because there are opportunities and I am just saying if it is 20% of the overall revenue, I am asking the Board to find a way by making the dump generate revenue to make up for that 20% and dump the yellow bags. SUPERVISOR RUSSELL: I agree with you on the revenue but you cannot create revenue if you don’t have functioning equipment. The bond is to buy functioning equipment. We can sit down and talk about revenue. I do think it would be irresponsible to do away with yellow bags until we have identified those sources of revenue. Those yellow bags will have to stay unless we are willing to go to a tax bill to cover that cost. And I have to be frank, I have a family of four, I produce far more garbage than the elderly woman down the block from me. It wouldn’t be fair that she and me pay the same for our garbage. I can’t drive by Target without spending $200. The reality is, that that is not fair to her. This way, the bag a week she is buying is scaled to what her needs are rather than the five a week I am buying. So I think that that could be a good solution for the long term, but let’s sit down and identify where that revenue is going to come from before we do away with the bags. But we still need…. MS. NORDEN: No, I am not suggesting that that is what you do. SUPERVISOR RUSSELL: Okay. But you still need the heavy equipment to function to create revenue. And this heavy equipment, these are purchases to keep that facility functioning. COUNCILMAN KRUPSKI: And today, when we were discussing this and what is written here today is 590, this morning it was 860. Councilman Ruland asked what is the bond indebtedness of itself and I forget what the number is, but it is in the millions already. So this adds to that, this isn’t just $590,000 that we owe, this is going to add on to that. MS. NORDEN: I am aware of that. COUNCILMAN KRUPSKI: So, we didn’t have a light discussion, we had a pretty in depth discussion on it. MS. NORDEN: Right. but that even underscores the need to look even more thoroughly revenue generating opportunities. COUNCILMAN KRUPSKI: You are right. MS. NORDEN: I just think it is a burden in today’s economy with gas prices the way they are, either private carters or schlep to the dump once a week, it now costs the average person, what $4.50, $5.00 just to drive to the dump. So I think that is something to really think about and even if we can get some of this money back, I would like to see that discussion on revenue generation much sooner than later. Thanks. June 17, 2008 Page 13 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Thank you. Mr. Harris. Supt Highways Peter Harris PETER HARRIS, SUPERINTENDENT OF HIGHWAYS: Good evening everyone. Superintendent of Highways, Southold Town. I just would like to clarify a question by Mrs. Egan pertaining to 618, the $2,350 budget modification. It was the fact that I have a 10 year old pickup truck that died on me, Mrs. Egan. And this $2,300 budget modification is for me to go out and buy a used pickup truck to fill the needs of my department. Instead of asking for $28,000 to go buy a brand new one, I saw fit to find a used pickup truck that would fit the department’s needs for the next year and I am not trying to use my snow equipment as a cash cow but the fact of the matter, I need a vehicle and I am replacing it for the least amount of money that I can do. Thank you. SUPERVISOR RUSSELL: Thank you, Pete. Would anybody else like to address the Town Board on the agenda items? Mr. DiVello? Anthony DiVello, Mattituck ANTHONY DIVELLO: Anthony DiVello, Mattituck. What happens to the old equipment? Where does that go? SUPERVISOR RUSSELL: The old equipment, any salvageable value we can auction off, we talked about for the front loader for instance, it has got 25,000 hours on it. We can perhaps auction that off. It still has some value. Or we can, because it is a large piece of equipment, store it and use it should the older front loader that we have right now not function. In other words, we will always have equipment available to run, rather than have equipment down and then men down. MR. DIVELLO: Right. It would have no trade in value? SUPERVISOR RUSSELL: We can’t trade it, we are buying off a state bid, which is about 40% less than what you would see on the open market. There is no trade in on a state bid. Thank you. MR. DIVELLO: Okay. Thanks. SUPERVISOR RUSSELL: If you want to bid on a front loader with 25,000 hours, come see me after the meeting. Would anybody else like to address the Town Board on the agenda? (No response) Okay, let’s move ahead. Minutes Approval RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Wednesday, April 30, 2008 June 17, 2008 Page 14 Minutes Southold Town Board Meeting ? Vote Record - Acceptance of Minutes for April 30, 2008 6:00 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, May 06, 2008 ? Vote Record - Acceptance of Minutes for May 6, 2008 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter V. Resolutions 2008-585 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated 6/17/08 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby June 17, 2008. ? Vote Record - Resolution RES-2008-585 ? 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 2008-586 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 7/1/08 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 1, 2008 at the Southold Town Hall, Southold, New York at 4:30 P. M.. June 17, 2008 Page 15 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-586 ? 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 2008-583 Tabled 6/3/2008 4:30 PM 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 June 17, 2008 Page 16 Minutes Southold Town Board Meeting RESOLUTION AND ORDER AFTER PUBLIC HEARING 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 June 17, 2008 Page 17 Minutes Southold Town Board Meeting 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 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 (SEAL) 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 Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-587 CATEGORY: Employment - Town DEPARTMENT: Accounting Rescind Resolution #2008-571 RESOLVED rescinds resolution #2008- that the Town Board of the Town of Southold hereby 571, in its entirety, as follows: June 17, 2008 Page 18 Minutes Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 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." ? Vote Record - Resolution RES-2008-587 ? 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 2008-588 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend Promotion of Lucielle Cappabianca RESOLVED amends resolution No. that the Town Board of the Town of Southold hereby 2008-377 adopted on April 22, 2008 as follows: RESOLVEDappoints Lucielle that the Town Board of the Town of Southold hereby Cappabianca to the position of a part-time Legal stenographer for the Zoning Board of Appeals, effective April 25, 2008, at a rate of $17.72 $18.38 per hour. ? Vote Record - Resolution RES-2008-588 ? 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 2008-589 CATEGORY: Planning DEPARTMENT: Town Attorney June 17, 2008 Page 19 Minutes Southold Town Board Meeting PB & SCPC Recommendations Farmstands RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward the proposed Local Law entitled, “A Local Law in relation to Regulations Governing Farm Stands”, to the Suffolk County Planning Commission and the Southold Town Planning Board for their review and comments. ? Vote Record - Resolution RES-2008-589 ? 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 2008-590 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Title Change -- FIFD Captain to Purser WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 4, 2008 meeting to change the title of Frederick Barrett from Ferry Captain to Purser for the Fishers Island Ferry District, and WHEREAS the Town Board of the Town of Southold is required to approve title changes for employees of the Fishers Island Ferry District, now therefore be it RESOLVEDchanges the title of that the Town Board of the Town of Southold hereby Frederick Barrett from Ferry Captain to Purser for the Fishers Island Ferry District, effective June 4, 2008. June 17, 2008 Page 20 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-590 ? 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 2008-591 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Amend Resolution 2007-472-FIFD Deckhand -- Felker WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 4, 2008 meeting to amend the appointment of William Felker of Waterford, CT from seasonal deckhand to part-time deckhand, and WHEREAS the Town Board of the Town of Southold is required to approve such amendments for employees of the Fishers Island Ferry District, now therefore be it RESOLVEDamends resolution No. that the Town Board of the Town of Southold hereby 2007-472 adopted on May 22, 2007 to read as follows: RESOLVEDappoints William Felker of that the Town Board of the Town of Southold hereby Waterford, CT to the part-time position of Deckhand for the Fishers Island Ferry District, effective May 10, 2007, at a rate of $9.00 per hour. ? Vote Record - Resolution RES-2008-591 ? 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 2008-592 CATEGORY: Employment - FIFD DEPARTMENT: Accounting June 17, 2008 Page 21 Minutes Southold Town Board Meeting Amend Resolution 2006-336 FIFD Deckhand - Gilmore WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 4, 2008 meeting to amend the appointment of Peter Gilmore of Quaker Hill, CT from seasonal deckhand to part-time deckhand, and WHEREAS the Town Board of the Town of Southold is required to approve such amendments for employees of the Fishers Island Ferry District, now therefore be it RESOLVEDamends resolution No. that the Town Board of the Town of Southold hereby 2006-336 adopted on April 11, 2006 to read as follows: RESOLVEDappoints Peter E. Gilmore that the Town Board of the Town of Southold hereby of Quaker Hill, CT to the part-time position of Deckhand for the Fishers Island Ferry District, effective April 13, 2006, at a rate of $9.50 per hour. ? Vote Record - Resolution RES-2008-592 ? 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 2008-593 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Amend Resolution 2006-466-FIFD Deckhand (Glidewell) WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 4, 2008 meeting to amend the appointment of Logan Glidewell of Waterford, CT from seasonal deckhand to part-time deckhand, and June 17, 2008 Page 22 Minutes Southold Town Board Meeting WHEREAS the Town Board of the Town of Southold is required to approve such amendments for employees of the Fishers Island Ferry District, now therefore be it RESOLVEDamends resolution No. that the Town Board of the Town of Southold hereby 2006-466 adopted on May 23, 2006 to read as follows: RESOLVEDappoints Logan C. that the Town Board of the Town of Southold hereby Glidewell of Waterford, CT to the part-time position of Deckhand for the Fishers Island Ferry District, effective June 1, 2006, at a rate of $9.00 per hour. ? Vote Record - Resolution RES-2008-593 ? 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 2008-594 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Amend Resolution 2007-474-FIFD Deckhand (LeFevre) WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 4, 2008 meeting to amend the appointment of Raymond G. LeFevre of New London, CT from seasonal deckhand to part-time deckhand, and WHEREAS the Town Board of the Town of Southold is required to approve such amendments for employees of the Fishers Island Ferry District, now therefore be it RESOLVEDamends resolution No. that the Town Board of the Town of Southold hereby 2007-474 adopted on May 22, 2007 to read as follows: RESOLVEDappoints Raymond G. that the Town Board of the Town of Southold hereby LeFevre of New London, CT to the part-time position of Deckhand for the Fishers Island June 17, 2008 Page 23 Minutes Southold Town Board Meeting Ferry District, effective May 10, 2007, at a rate of $9.00 per hour. ? Vote Record - Resolution RES-2008-594 ? 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 2008-595 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Amend Resolution 2006-467-FIFD Deckhand (Tulba) WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 4, 2008 meeting to amend the appointment of Andrew J. Tulba of Waterford, CT from seasonal deckhand to part-time deckhand, and WHEREAS the Town Board of the Town of Southold is required to approve such amendments for employees of the Fishers Island Ferry District, now therefore be it RESOLVEDamends resolution No. that the Town Board of the Town of Southold hereby 2006-467 adopted on May 23, 2006 to read as follows: RESOLVEDappoints Andrew J. Tulba that the Town Board of the Town of Southold hereby of Waterford, CT to the part-time position of Deckhand for the Fishers Island Ferry District, effective June 1, 2006, at a rate of $9.00 per hour. ? Vote Record - Resolution RES-2008-595 ? 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 17, 2008 Page 24 Minutes Southold Town Board Meeting 2008-596 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Promote Michael Fiora to FIFD Ferry Captain WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 7, 2008 to increase the hourly rate of pay for Michael Fiora, and adopted a resolution at their June 4, 2008 meeting to promote Michael Fiora to the position of full-time Ferry Captain, and WHEREAS the Town Board of the Town of Southold is required to approve promotions and rate of pay changes for employees of the Fishers Island Ferry District, now therefore be it RESOLVEDpromotes Michael Fiora that the Town Board of the Town of Southold hereby from full-time Deckhand to full-time Ferry Captain at a salary of $24.00 per hour for the Fishers Island Ferry District, effective May 29, 2008. ? Vote Record - Resolution RES-2008-596 ? 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 2008-597 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Nicholas Powell FIFD Seasonal Laborer WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 4, 2008 meeting to appoint Nicholas Powell of Washingtonville, NY to the position of part-time, seasonal Laborer, and June 17, 2008 Page 25 Minutes Southold Town Board Meeting WHEREAS the Town Board of the Town of Southold is required to approve appointments of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDappoints Nicholas Powell that the Town Board of the Town of Southold hereby of Washingtonville, NY to the position of seasonal Laborer, for the Fishers Island Ferry District, effective June 15, 2008 through September 30, 2008, at a rate of $9.25 per hour. ? Vote Record - Resolution RES-2008-597 ? 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 2008-598 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Michael Conroy-FIFD Recreation Aide WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 4, 2008 meeting to appoint Michael Conroy of Fishers Island, NY to the position of part-time, seasonal Recreation Aide, and WHEREAS the Town Board of the Town of Southold is required to approve appointments of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDappoints Michael Conroy that the Town Board of the Town of Southold hereby of Fishers Island, NY to the position of part-time, seasonal Recreation Aide, for the Fishers Island Ferry District at the Fishers Island Movie Theatre, effective July 1, 2008 through October 1, 2008, at a rate of $125.00 per movie June 17, 2008 Page 26 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-598 ? 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 2008-599 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Salary Increase Dixon and Silva-FIFD PT Clerks WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 4, 2008 meeting to provide a 3½% salary increase to part-time Clerk’s Debra Silva and Debra Dixon, and WHEREAS the Town Board of the Town of Southold is required to approve all salary increases of the employees of the Fishers Island Ferry District, now therefore be it RESOLVEDincreases the hourly rate of that the Town Board of the Town of Southold hereby pay for the following two part-time Clerks of the Fishers Island Ferry District, effective June 12, 2008, as to the New Rates referenced below: Old Rate New Rate Debra Silva 14.42 14.92 Debra Dixon 10.74 11.12 ? Vote Record - Resolution RES-2008-599 ? 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 2008-600 CATEGORY: Employment - FIFD DEPARTMENT: Accounting June 17, 2008 Page 27 Minutes Southold Town Board Meeting Amend Resolution 2008-505 FIFD Purser RESOLVEDamends resolution no. that the Town Board of the Town of Southold hereby 2008-505 to read as follows: RESOLVEDappoints Donald Casavant that the Town Board of the Town of Southold hereby to the position of part-time Purser for the Fishers Island Ferry District , effective May 21, 2008, as a rate of $13.75 per hour. ? Vote Record - Resolution RES-2008-600 ? 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 2008-601 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint FIFD Clerk-Karla Heath WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 4, 2008 meeting to appoint Karla Heath of Fishers Island, NY to the position of part-time, seasonal Clerk, and WHEREAS the Town Board of the Town of Southold is required to approve appointments of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDappoints Karla Heath of that the Town Board of the Town of Southold hereby Fishers Island, NY to the position of part-time, seasonal Clerk, for the Fishers Island Ferry District at the Fishers Island Movie Theatre, effective July 1, 2008 through October 1, 2008, at a rate of $225.00 per week. June 17, 2008 Page 28 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-601 ? 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 2008-602 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Resignation of Several FIFD Deckhands WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 4, 2008 meeting to accept resignations from several employees, and WHEREAS the Town Board of the Town of Southold is required to accept resignations of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDaccepts the resignations of that the Town Board of the Town of Southold hereby the following employees, all Deckhands of the Fishers Island Ferry District, effective immediately: Jacob Bean Edward Carboni Thomas Evanko Scott Fenton Joel Riley John Speirs ? Vote Record - Resolution RES-2008-602 ? 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 June 17, 2008 Page 29 Minutes Southold Town Board Meeting 2008-603 CATEGORY: Sanitary Flow Credits DEPARTMENT: Land Preservation Paradise Pt / VJ Dev Sanitary Flow Credits WHEREAS , on June 4, 2008, the Town of Southold purchased Fee Title to the parcels owned by Paradise Point Holding Corp. and VJ Development Corp.; and WHEREAS , said properties are identified as SCTM#1000-81-2-5 and SCTM# 1000-79-8-16, and are located respectively at 695 Paradise Point Road and 10250 North Bayview Road, Southold, New York: and WHEREAS , SCTM# 1000-81-2-5 is 19.8246 acres and SCTM# 1000-79-8-16 is 2.0815 acres, as per a survey prepared by John C. Ehlers Land Surveyor, dated May 27, 2008; and WHEREAS , said property is located within the Agricultural-Conservation (A-C) Zoning District; and WHEREAS , said property is located within the Southold School District; and WHEREAS , the deed recorded as part of the purchase prohibits the use of the property for any residential, commercial or industrial uses and prohibits the use of the property for anything other than open space; and WHEREAS , as per Section 117-5 (Determination of Sanitary Flow Credit to be Deposited in the TDR Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the sanitary flow credits available for transfer from the above-mentioned parcel prior to the Town Board public hearing on the purchase; and WHEREAS , the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcel June 17, 2008 Page 30 Minutes Southold Town Board Meeting following the closing on the parcel; and WHEREAS , the Town Board decided that 12 sanitary flow credits are available to be placed into the Town TDR Bank as a result of this purchase; be it therefore RESOLVEDplaces 12 (twelve) sanitary that the Town Board of the Town of Southold hereby flow credits into the Town TDR Bank from the Town’s fee title purchase of the properties formerly owned by Paradise Point Holding Corp. and VJ Development Corp ; and, be it further RESOLVED that the Town Clerk shall enter this transfer of 12 (twelve) sanitary flow credits into the Sanitary Flow Credit Log; and, be it further RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. ? Vote Record - Resolution RES-2008-603 ? 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 2008-604 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Set Tuesday, July 1, 2008 at 4:45 P.M., Southold Town Hall, 53095 Main Road, Southold, New York as the Time and Place for a Public Hearing to Consider the Designation of the John B. Coleman House on the Town’s Register of Historic Landmarks, 200 Harbor Lights Drive, Southold, New York RESOLVED that pursuant to the provisions of Chapter 170 (Landmark Preservation) of the Tuesday, July 1, 2008 at Town Code, the Town Board of the Town of Southold hereby sets 4:45 P.M., Southold Town Hall, 53095 Main Road, Southold, New York as the time and June 17, 2008 Page 31 Minutes Southold Town Board Meeting place for a public hearing to consider the designation of the John B. Coleman house on the town’s register of Historic Landmarks; the house is owned by Theodore and Kathryn Bucci and is located at SCTM 1000-71-2-10, 200 Harbor Lights Drive, Southold, New York . The property owner has requested and the Historic Preservation Commission has recommended the property for inclusion on the town’s register of historic landmarks. ? Vote Record - Resolution RES-2008-604 ? 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 2008-605 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept Bid for Used Police Vehicle RESOLVED accepts the bid of Khamis that the Town Board of the Town of Southold hereby Mohamed of Bay Ridge Motors for a 2003 Ford Crown Victoria - 2FAFP71W73X109522 in the amount of $555.00 as a result of the bid opening on June 5, 2008 by the Town Clerk. ? Vote Record - Resolution RES-2008-605 ? 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 2008-606 CATEGORY: Surplus Equipment DEPARTMENT: Public Works DPW Utility Trailer RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby equipment to be surplus equipment: June 17, 2008 Page 32 Minutes Southold Town Board Meeting 2001 Heavy Duty Utility Trailer RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. ? Vote Record - Resolution RES-2008-606 ? 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 2008-607 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Group for the East End Paddling Event RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Group for the East End to park vehicles along Narrow River Road, Orient during the paddling event on September 13, 2008 , and these vehicles shall be exempt from the Southold Town parking fee on that date provided the cars are displaying a special Group for the East End Parking Permit and the Group for the East End contacts Captain Martin Flatley immediately for instructions for the proper placement of the permits. ? Vote Record - Resolution RES-2008-607 ? 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 2008-608 CATEGORY: Budget Modification DEPARTMENT: Trustees CAC Budget Modification June 17, 2008 Page 33 Minutes Southold Town Board Meeting RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Whole Town budget as follows: From: Revenues: A.2705.40Gifts and Donations, Other $1,150 Appropriations: A.1990.4.100.100 Unallocated Contingencies $1,312 To: A.3610.4.600.200 CAC, Meetings & Seminars $162 The Town Board of the Town of Southold agreed to support the Conservation Advisory Council request to host a National Oceanic and Atmospheric Administration (NOAA) Workshop on May 10, 2008 at Peconic Landing, and a fee of $10 per person was charged for all attendees at said workshop, and The total amount collected does not cover the amount of expenses associated with said NOAA Workshop, and The CAC requests the Town Board of the Town of Southold modify the 2008 budget to accommodate the expenses associated with the NOAA workshop. ? Vote Record - Resolution RES-2008-608 ? 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 2008-609 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Attend 2008 Cornell Municipal Clerks Institute RESOLVED grants permission to that the Town Board of the Town of Southold hereby Elizabeth A. Neville, Town Clerk to attend the Cornell University Municipal Clerks June 17, 2008 Page 34 Minutes Southold Town Board Meeting Institute in Ithaca, New York, on July 20-24, 2008. Costs of registration and lodging is $725.00. All expenses for registration, lodging and travel to be a legal charge to the 2008 Town Clerk Whole Town budget A.1410.4.600.200 & .300 (meetings and seminars). ? Vote Record - Resolution RES-2008-609 ? 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 2008-610 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and NKC, Inc. in Connection with the Temporary Use of a Portion of the Town Beach Parking Lot in Furtherance of the County of Suffolk’s Improvements to County Route 48 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and NKC, Inc. in connection with the temporary use of a portion of the Town Beach Parking Lot in furtherance of the County of Suffolk’s improvements to County Route 48 , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-610 ? 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 2008-611 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: June 17, 2008 Page 35 Minutes Southold Town Board Meeting Donation has been received and it is necessary for money to go to appropriate budget line so that it may be used for the good of the department. RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: Revenues: A.2705.40 Gifts & Donations $500.00 To: Appropriations: A.3120.2.200.300 Filing/Storage Equipment $500.00 ? Vote Record - Resolution RES-2008-611 ? 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 2008-612 CATEGORY: Authorize Payment DEPARTMENT: Town Clerk Records Management Archive Writer Microfilm Maintenance and Support RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with the Eastman Kodak Company in connection with providing service and support for the i9610 Archive Writer Microfilm machine in the amount of $5,564.00 for the term May 24, 2008 through May 23, 2009, all in accordance with the approval of the Town Attorney. This item is to be a legal charge to the Records Management, A1460.4.400.600, 2008 Whole Town budget. June 17, 2008 Page 36 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-612 ? 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 2008-613 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Grant Permission to Court Officer Donald Sileo to Attend an Annual Recertification for Firearm Training RESOLVED grants permission to Court that the Town Board of the Town of Southold hereby Officer Donald Sileo to attend an annual recertification for firearm training, on Monday, June 23, 2008 at the Suffolk County Sheriff’s Firearms Range in Westhampton, New York. All expenses for training to be a legal charge to the Justices 2008 budget. ? Vote Record - Resolution RES-2008-613 ? 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 2008-614 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Stormwater Appointment RESOLVEDappoints Johanna that the Town Board of the Town of Southold hereby Northam to the Southold Town Stormwater Runoff Committee, effective June 17, 2008. June 17, 2008 Page 37 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-614 ? 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 Initiator ?? Rescinded 2008-615 CATEGORY: Recommendations DEPARTMENT: Town Clerk Refer to Planning Board & SC Planning Commission for Review Local Law Re: Amend Zoning Map RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward the proposed Local Law entitled, “A Local Law in relation to “Amend the Zoning Map of the Town of Southold by changing the Zoning designation of p/o SCTM#1000-89-3-1.1 from Hamlet Business (HB) And Agricultural Conservation (AC) to R-80 to the Suffolk County Planning Commission and the Southold Town Planning Board for their review and comments. (Former General Wayne Inn, Cedar Beach Road, Southold, New York.) ? Vote Record - Resolution RES-2008-615 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-616 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Accepts the Grant in the Sum of $78,035.00 and Further Authorizes and Directs Supervisor Scott A. Russell to Execute the Grant Agreement Between the Town of Southold and the Federal Aviation Administration in Connection with the Fishers Island Elizabeth Field Airport Layout Plan Update RESOLVEDaccepts the Grant in the that the Town Board of the Town of Southold hereby sum of $78,035.00 and further authorizes and directs Supervisor Scott A. Russell to execute June 17, 2008 Page 38 Minutes Southold Town Board Meeting the Grant Agreement between the Town of Southold and the Federal Aviation Administration in connection with the Fishers Island Elizabeth Field Airport Layout Plan Update , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-616 ? 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 2008-617 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD - Budget Modifications Fiscal Impact: Covers unanticipated expenses related to rain gear purchase and safety gloves and the rising cost of motor and hydraulic oils. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: RCA Blend (SR 8160.4.100.609) $ 3,000.00 To: Employee Work Gear (SR 8160.4.100.120) $ 1,700.00 Lubricants (SR 8160.4.100.225) $ 1,300.00 ? Vote Record - Resolution RES-2008-617 ? 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 2008-618 June 17, 2008 Page 39 Minutes Southold Town Board Meeting CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway Fiscal Impact: Superintendent of Highways hereby requests the following budget modification be approved in order to transfer $2,350.00 into the Highway Fund Machinery Equipment Light Duty Vehicles line item from the Snow Removal Equipment line. The below-described transfer is necessitated due to the fact that I must unexpectedly purchase a used pickup truck in order to replace a Highway fleet vehicle which is unsafe to drive. Further, in the opinion of my mechanical staff, it would be ill-advised to fix it. RESOLVEDmodifies the 2008 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows : To: DB.5130.2.300.100 Machinery Equipment & Capital Outlay Motor Vehicles Light Duty Vehicles $ 2,350.00 From: DB.5142.2.400.200 Snow Removal Equipment Industrial Equipment Snow Equipment $ 2,350.00 ? Vote Record - Resolution RES-2008-618 ? 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 2008-619 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Approves and Authorizes Supervisor Scott A. Russell to Execute Night Depository Agreements Between the Town of Southold and the Bridgehampton National Bank RESOLVEDapproves and authorizes that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Night Depository Agreements between the Town of Southold and the Bridgehampton National Bank , subject to the approval of the Town June 17, 2008 Page 40 Minutes Southold Town Board Meeting Attorney. ? Vote Record - Resolution RES-2008-619 ? 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 2008-620 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - Youth Bureau WHEREAS the Town Board of the Town of Southold has created a Youth Bureau in 2008, and WHEREAS the Town Board of the Town of Southold wishes to create a new functional unit account in the financial records of the Town to track the expenses of the Youth Bureau, and WHEREAS the Town Board of the Town of Southold desires to appropriate the $17,500 grant awarded by the New York State Office of Children and Family Services in support of the Youth Bureau, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby creates a new functional unit account, A.7310, Youth Programs in the General Fund Whole Town for the Youth Bureau, and be it further RESOLVED that the Town Board of the Town of Southold hereby modifies the 2008 General Fund Whole Town Budget to fund the functional unit account, A.7310, Youth Programs, as follows: To: Revenues : A.3820.10 State Aide, Youth Grants $17,500 June 17, 2008 Page 41 Minutes Southold Town Board Meeting Appropriations: A.7310.1.100.100 Personal Services $5,500 A.7310.4.100.100 Program Equipment and Supplies 2,500 A.7310.4.400.300 Printing, Mailing and Postage 1,000 A.7310.4.500.100 Professional Services 2,000 A.7310.4.600.100 Youth Program Activities 4,000 A.7310.4.600.200 Meetings and Seminars 500 A.7310.4.600.800 Advertising 2,000 ? Vote Record - Resolution RES-2008-620 ? 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 2008-621 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Patricia Krupski PT Clerk Typist ZBA WHEREAS the part-time Legal Stenographer for the Zoning Board of Appeals has significantly reduced her work hours and intends to tender her resignation shortly, and WHEREAS the Chairman of the Zoning Board of Appeals has expressed the need to fill this impending vacancy before said part-time Legal Stenographer resigns, and WHEREAS the Town has posted an opening for the position of Part-time Clerk Typist for the Zoning Board of Appeals specifically to address this need, and WHEREAS the Chairman of the Zoning Board of Appeals has reviewed the single application received from this posting, has interviewed the applicant and has recommended said applicants appointment to the position of part-time Clerk Typist for the Zoning Board of Appeals, now therefore be it June 17, 2008 Page 42 Minutes Southold Town Board Meeting RESOLVEDappoints Patricia M. that the Town Board of the Town of Southold hereby Krupski to the position of a part-time Clerk-Typist for the Zoning Board of Appeals, effective June 20, 2008 at a rate of $12.28 per hour. ? Vote Record - Resolution RES-2008-621 ? 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 2008-622 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Provisional Building Permits Coordinator WHEREAS the Town of Southold has exhausted the Suffolk County Department of Civil Service List of Eligible’s for the competitive position of Building Permits Coordinator, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Building Permits Coordinator position for the Building Department with a provisional appointment, and has received permission from Suffolk County Department of Civil Service to make said provisional appointment, now therefore be it RESOLVEDappoints Vicki R. Toth to that the Town Board of the Town of Southold hereby the position of provisional Building Permits Coordinator for the Building Department, effective June 30, 2008 at the Entry Level step salary of $39,050.98 per annum . ? Vote Record - Resolution RES-2008-622 ? 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 June 17, 2008 Page 43 Minutes Southold Town Board Meeting 2008-623 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Designate American Community Bank as Depository WHEREAS , Section 64 of the Town Law requires the Town Board to designate, by resolution, banks in the State in which the Supervisor or other officers of the Town shall deposit moneys coming into their hands by virtue of their office; and WHEREAS , the Town Board may require any bank, so designated, to deposit with such Board bonds or certificates of the United State, of the State of New York or any county, town, city, village or school district of the State of New York, such security for such funds so deposited, but such bond or certificate shall be subject to the approval of the Town Board and shall be deposited in such place and held under such conditions as the Town Board may determine; now, therefore, be it RESOLVEDfollowing bank is added for fiscal year 2008 as a depository of the that the Town of Southold, and that securities are required as collateral for any cash balances in said banks: American Community Bank $ 1,000,000.00 RESOLVEDauthorizes Supervisor Scott A. AND BE FURTHER that the Town Board hereby Russell to execute Collateral Agreements between the Town of Southold and the above designated bank and its Third Party Custodial Institutions , all in accordance with the approval of the Town Attorney. RESOLVED AND BE IT FURTHER that Supervisor Scott A Russell is hereby authorized and directed to exercise all of the powers listed in the Corporate Authorization Resolution, including executing documents relating to the opening of accounts, withdrawing or borrowing, executing checks and other orders. June 17, 2008 Page 44 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-623 ? 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 2008-624 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appointment to Anti-Bias Task Force RESOLVEDappoints Elaine Breese to that the Town Board of the Town of Southold hereby fill a vacancy as a member of the Anti-Bias Task Force Committee, for a term of office to expire on March 31, 2010. ? Vote Record - Resolution RES-2008-624 ? 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 2008-625 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappointment to Police Advisory Committee RESOLVEDre-appoints Joseph Borelli that the Town Board of the Town of Southold hereby as a member of the Police Advisory Committee , for a term of office to expire on March 31, 2011. June 17, 2008 Page 45 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-625 ? 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 2008-626 CATEGORY: Bond DEPARTMENT: Town Clerk Accept SWMD Bond BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 17, 2008, APPROPRIATING $590,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, IN SAID TOWN, AND AUTHORIZING THE ISSUANCE OF $590,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Recital WHEREAS, the Town Board of the Town of Southold (herein called the “Town”), in the County of Suffolk, New York, after a public hearing duly called and held, has determined that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be so increased and improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN by the favorable vote of not less than two- THE COUNTY OF SUFFOLK, NEW YORK ( thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $590,000 for the increase and improvement of facilities of the District, described as the acquisition of various equipment, including a trammel screening plant, a compost bagger and shelter, and a front-end wheel loader, for use by the District, at the estimated maximum cost of $590,000 (the “Project”). June 17, 2008 Page 46 Minutes Southold Town Board Meeting The plan of financing includes the issuance of not to exceed $590,000 serial bonds of the Town to finance said appropriation and the assessment, levy and collection of assessments from the several lots and parcels of land within the District which the Town Board shall deem especially benefited by said facilities 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, to pay the principal of and interest on said bonds. Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of not to exceed $590,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the Project, the object or purpose for which said $590,000 bonds are authorized are to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution, or for expenditures made on or before the effective date of this resolution if a prior declaration of intent to issue bonds has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law, and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the June 17, 2008 Page 47 Minutes Southold Town Board Meeting sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, as set Suffolk Times forth in Exhibit “A” herein, in the “,” a newspaper published in Mattituck, in the June 17, 2008 Page 48 Minutes Southold Town Board Meeting Town, and having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk’s statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. ? Vote Record - Resolution RES-2008-626 ? 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 Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-627 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Attend Seminar Doroski RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Deputy Town Clerk Bonnie Doroski to attend the Nassau-Suffolk Town Clerk Association meeting on Wednesday, June 25, 2008 at Hampton Bays, New York. New York State Department of Health Vital Records Field Representatives and Fraud Coordinator update on birth death and marriage records procedures and laws. Meeting expense of $25.00 to be a legal charge to the 2008 Town Clerk Whole Town budget line A.1410.4.600.200. ? Vote Record - Resolution RES-2008-627 ? 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 VI. Public Hearings 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: June 17, 2008 Page 49 Minutes Southold Town Board Meeting RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed at 8:24 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 2. Set PH for Peconic Transfer Station History: 06/17/08 Town Board ADJOURNED Next: 07/01/08 NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that the Town Board of the set Tuesday, June 17, 2008, at 7:35 p.m. at the Southold Town Hall, Town of Southold has 53095 Main Road, Southold, New York as the time and place to a public hearing on the application of Peconic Recycling and Transfer for a Transfer Station Permit , pursuant to Chapter 233, Solid Waste of the Code of the Town of Southold. This is a rather thick file and instead of trying to go through it page by page, I think maybe I can summarize the status. Back in December of last year, there was public hearing in this room on the application to set up a private transfer station in Cutchogue at the intersection of Depot Lane and Route 48. At that time, there was numbers and data and figures that went with that application. The hearing was held and the hearing was held open. It was not closed. Subsequent to that hearing in December, the applicants and the Town discussed the provisions of their application and have submitted new numbers, which are the subject of tonight’s public hearing. The new numbers provide for a special permit that would allow the applicants to have a maximum of 240 tons of MSW per day and 240 tons of C & D material per day taken into this private transfer station. So the purpose of tonight’s public hearing is to hear or to extend the original hearing, which was for a special permit for a privately owned transfer station with new numbers for capacity limits and those numbers are 240 and 240 tons for MSW and C & D material. COUNCILMAN KRUPSKI: Tom, does that also reflect the change in location? COUNCILMAN WICKHAM: I believe there is no change in location from the public hearing that was held back in December. Am I correct? TOWN ATTORNEY FINNEGAN: Right. COUNCILMAN KRUPSKI: Okay. Thank you. because there was a petition also. I don’t know if the other Town Board members saw it, of neighboring people that were concerned about the impacts. I am sure that is in the file. I just wanted to mention that for the benefit of the other board members. SUPERVISOR RUSSELL: Can I just, I see the members of the public having a hard time hearing us, so can everyone please speak into the microphone? June 17, 2008 Page 50 Minutes Southold Town Board Meeting COUNCILMAN WICKHAM: There are a lot of documents here but most of them refer back to December, the December public hearing and I don’t think I really need to go through them. I will skim through here to see if there, there are many details and technical aspects of this that have been reported here with quite a number of pages of data that I don’t think really need to be read out for this public hearing. There was a certification that this public hearing has been duly noted both in the Suffolk Times and on the Town Clerk’s bulletin board outside. I believe for th purposes of this public hearing that this sets the stage for, I have a letter of June 17, addressed to the attorney for the applicant from our Planning Board and it summarizes the resolution of the Planning Board taken on June 16 which says ‘The Southold Town Planning Board, acting under the SEQRA and having performed a coordinating review of this unlisted action with the Planning Board acting as lead agency, makes a determination of non significance and issues a negative declaration to the subject proposed action.’ I believe that this is an adequate explanation of what this public hearing is all about and the Board would welcome hearing from interested citizens on the matter before us. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board? Let me just make it clear before you speak, Gail. This is actually ready, almost ready for action on the part of the Town Board. We are going to close the hearing tonight after we hear from everybody. We cannot vote tonight because of one outstanding report, which is a requirement under our DEC license to run our transfer station, which is to make sure that this facility is consistent with our own solid waste management plans. That report is due to us by Friday. We don’t know what to expect from the report, the Town Board does need time to review it. We would anticipate voting as quickly as we can after that. No later than two weeks from tonight. Gail. ABIGAIL WICKHAM: Thank you. Good evening. My name is Abigail Wickham of Mattituck. I am here representing Peconic Recycling and Transfer Station Inc, which is a company owned by John and Fran DiVello and their three sons. They are requesting a special use permit for a recycling and transfer station whose idea was conceived almost 30 years ago. John and Fran partnered with Mr. Raynor to acquire and subdivide an industrial property in Cutchogue with their idea of receiving a northerly portion for their business operations. There dream was to move out of downtown Mattituck to the industrial sector of the Town. Years later, the subdivision was completed, the map filed and site plan reviews begun. After considerable deliberations, the applicant moved the proposed facility further south to accommodate neighbor concerns. This has cost over $50,000 to date to the family. But the applicant is grateful to the Town Board for facilitating the legislation under which we are applying today, to the Planning Board for its expeditious review and to the Zoning Board for granting the variances necessary as a result of the relocation. I will review the basic information, as several members of the Town Board have not yet heard me speak on it. Others have perhaps heard me speak on it several times and I will notice if you nod off. Most of us disregard the issue of garbage once it is thrown away. It is gone and we don’t think about it anymore but that does start a process which has tremendous consequences in terms of local and regional economy, local and regional transportation systems and perhaps most importantly, the health of our planet. Recycling and resource recovery is critical to our environment. The Town has recognized this and acted upon it June 17, 2008 Page 51 Minutes Southold Town Board Meeting by its recycling program at the landfill for glass, cans, paper and other items. Please excuse me if I still refer to it as the landfill and occasionally the dump but that is just ingrained, however, the commercial sector is being addressed in Southold Town for recycling only in a really limited fashion. This facility seeks to reduce both truck traffic and also greatly increase the recycling and resource recovery in the Town of Southold in the commercial sector. As you are aware, the Planning Board just last evening issued a negative declaration under SEQRA. This was proceeded by an exhaustive review such as noise, odors, safety, traffic, operational and other considerations and it was done in conjunction with the Town’s expert consultant Nelson, Pope and Voorhis. The Planning Board concluded after all of those reviews that the project will not have a negative impact on the environment. There are two or three points that I would like to highlight tonight. one is the question that has been raised as the potential for this facility to attract garbage from outside of the Town. The second is the size of the facility. First I would like to give you a very brief description of what this facility will encompass. What it will not do is encompass residential garbage. The yellow bags, the recyclables like glass and paper and many other things that the Town has a facility for will continue to be picked up by Mattituck Sanitation and the other local carters and will continue to be delivered to the Town facility. The only change will be that instead of Mattituck Sanitation trucks leaving from Mattituck and returning to Mattituck at the end of the day, they will now be starting, finishing and stored in Cutchogue. During the day however, they will be out on their routes collecting their pickups and going to the Town’s facility, so they will not be coming in and out of this proposed facility on a constant basis throughout the day. What the facility will handle is two things, first being MSW, commercial solid waste, municipal solid waste. That is commercial garbage from dumpsters at offices, banks, schools and restaurants. Contrary to popular connotation it is not all wet and smelly. It does have a lot of paper and dry goods in it. Most of it is dry. Also it includes the roll-offs from cleaning out your basement and ordering a dumpster to clean out your house. Those trucks will now be leaving from the Cutchogue facility not the Mattituck facility. They will go out on their routes in Town to pickup the MSW but instead of the full pickup trucks, the compactors or roll-offs driving all the way out through Cutchogue, Mattituck and west through Laurel to points west, they will instead come to this facility, drop off their loads indoors, they back in entirely into the building, they dump, they separate, they pull out the recyclables and then whatever remaining MSW is in the facility will be loaded onto larger trucks also indoors and those trucks will leave on an occasional basis, daily, to points west. So when those, so we therefore are expecting other carters in the Town who would have to drive their smaller trucks all the way up west and back to also use this facility. The second type of material that this facility will handle is construction and demolition debris, from job sites, constructions, renovations, tear downs etc. I asked Mike Verity three or four months ago how building permits were going because the real estate market as we know it had suffered a down turn and he did tell me at that time that they were fairly busy, quite busy actually, mostly with not new construction but renovations which involves a tremendous amount of C & D materials, so we do think the Town is generating and will continue to generate quite a bit of that type of material. Those are heavy loads generally, so those tend, those tonnages which I will discuss later, involve fewer trucks than the MSW. I want to be clear that no operations will commence not will any operations continue at this facility until a DEC permit is obtained. And the continuing inspections and requirements of the DEC are complied with. Now, lets go to the source of the garbage. I am going to give you a hand out as a visual aid because I can see your eyes are starting to glaze over June 17, 2008 Page 52 Minutes Southold Town Board Meeting a little bit. If you look at the first page, page one because that is all I am going to talk about right now, page one is a map of Montauk and Orient, all the way west to basically the Brookhaven line. And it has on it X’s which indicate the existing transfer stations in those areas. I am sure there are more. These are the ones we were able to pull up fairly readily. And then you also see the Cutchogue facility. What I want to talk about is where this garbage is coming from or could be coming from other than the north fork, Southold Town. You will note on the map there are some dark lines. Those are the major four lane highways in these areas. I also want to note that the cost of driving a truck per mile is somewhere between $2 and $2.50 per mile when you consider the cost of fuel, the cost of the driver, the cost of the truck maintenance. So it is a very hefty cost and that is one thing that this station is designed to eliminate or reduce in the north fork area. But if you take a truck that is coming from one of the south fork locations, lets say Southampton or anywhere on the south fork. Those trucks are going to get on Sunrise Highway in Southampton, they are going to be on a four lane highway. So they are going to have a choice, are they going to, at Hampton Bays, get off, get on Route 24 which is a long single lane highway, get on 105, come all the way north and then go east on a two lane road, either Main Road or Sound Avenue, all the way out to Cutchogue, dump, and then take that same route back or are they going to just stay on that four lane highway and keep going on Sunrise Highway. The distance from the exit at Sunrise Highway and Hampton Bays, up back to Riverhead up north and out to Cutchogue is roughly 20 miles. So you will see there is a thin line drawn on the map that notes 20 miles more or less from Hampton Bays. That is how far west that truck could be getting if it weren’t going up north to Riverhead and back. So it makes complete economic sense for those trucks to go in that direction. All garbage eventually has to go west and frankly, the Cutchogue facility, because it does have the factor of being further east will probably not have as competitive pricing as these further west transfer facilities. Also, many of the carters that pick up on the south side and the north fork, own facilities up west, so they are going to be taking them to their facilities. Winter Brothers is one example. So it just does not make economic sense to expect, given this many facilities further west, for people to leave the south fork and go back up to Cutchogue. Also, would they go across Shelter Island? If you look at the map, first they would have to go north to Sag Harbor on those roads, single lane; across Shelter Island on those roads. The cost of a round trip ferry is approximately a little more than $100 per ferry, north and south fork and then they would have to get in and out of Greenport and all the way to Southold before they, Peconic rather, no to Southold before they hit the four lane highway. It just doesn’t make sense when you see how far they could get closer to their western transfer stations. The question of tonnages, that is page two. This is a chart that we have assembled that I would like to, I realize you are going to need time to digest this, but the purpose in creating this chart was because one of the concerns about tonnage that the Board was dealing with was this Suffolk County chart that you have been looking at for quite some time that was produced by the Suffolk County Solid Waste Commission and illustrated the tonnage handled by various townships of C & D and MSW. First of all, I do want to note that these figures are for 2003 and 2004, so they were already out of date when we got them some time ago, however, when you compare what is shown on this chart and that is the first column in each of these townships on my chart, the medium gray, when you compare that with what the DEC reporting statistics for those companies and those townships that have to report to the DEC, you will see that this chart is far, far lower than what the DEC reporting statistics show and all the rest of the pages here are just copies of some pertinent parts of those reports if you want to follow and see where I June 17, 2008 Page 53 Minutes Southold Town Board Meeting generated those figures but let’s take an example, let’s take Southampton Town. This chart, if you compute the numbers out shows that Southampton generates 112 tons per day of municipal solid waste. That is what Suffolk County has told us. If you look at the DEC filings for some of the transfer stations in Southold Town, they are reporting 231 tons per day. So that is grossly different. It is almost double what this Suffolk County chart shows. If you then go to my third column and that is a computation of what we think based on experience and knowledge of what is over there, how many residents, how much per day a resident generates, which is 7.4 pounds per day, that should be pounds per day not tons per day of garbage, that third column, which is the white column, is what is probably most realistically going on. One reason the DEC reporting column in the middle is so much less than that is because not everybody has to report. Only the transfer stations have to report but if you want to look at what is actually being picked up in garbage it is probably much closer to that third column. Babylon is, you know, they have 440 tons a day in Babylon is what Suffolk County is reporting , we are off the chart when you look at just some of the facilities that are reporting. So I honestly don’t understand how these numbers were generated. Whether it was a specific segment of garbage or what it was but clearly the amount of garbage that can be generated within the north fork is far, far different than what is being shown on this particular chart. The reason there is no column in the middle of Shelter Island and Southold is because we didn’t, I don’t know why we didn’t find a Southold transfer station report. There should be one, maybe we just couldn’t find it. But there are no other facilities here that would be reporting. But if you look at Riverhead, you look at Southampton, East Hampton and Babylon all of the reported numbers are far, far in excess of what this Suffolk County chart is. Now, why do we want 240 tons per day in each category? That is a cap, that is not what we are anticipating happening on day one, on year one, year two or even year five. But there are tremendous cost factors involved with construction of a building and the concern of financial institutions and their concerns are growing these days with the credit industry, is that there is a potential for growth. The owners are also concerned that there be a potential for growth. If you have to go to a financial institution and get a loan for 20 years, you don’t want to see a facility whose tonnages are outdated in five. So the cap is just a starting point, it will be several years before these numbers are approached but we cannot have an applicant who is in the very uncomfortable position of having to build a building, get the business going and then come back and well, maybe will the Town approve it, maybe wouldn’t they. They need to know that they have a potential for growth. Currently, Mattituck Sanitation is doing close to 75 tons per day. North Fork is probably somewhere in there and there are other carters, Jet, Winter Brothers and a number of others that also take MSW from the Town of Southold. So we are anticipating that probably the current number as well as the Town of Southold’s figures are somewhere in the 180 ton per day range or at least approaching that, that is on the high end of what there would be on any particular day but that is probably pretty close to where it might be. COUNCILMAN WICKHAM: That is MSW and C & D? MS. WICKHAM: MSW. COUNCILMAN WICKHAM: Just MSW. MS. WICKHAM: MSW. And this figure is going to grow as the Town grows, we hope it will June 17, 2008 Page 54 Minutes Southold Town Board Meeting grow as fuel costs grow and so that the other carters will be using this facility who are local, rather than shipping all of their smaller trucks up. So that is how we arrived at that number and it is 50 % of when the engineer designed the building he designed it according, I mean, he is an expert in this type of facility, he designed it the way most in the industry are designed to have that capacity. When we examined it with the Town, granted that was a big number, it was far too big but the 240 we feel is a realistic cap that the Town should hopefully feel comfortable with. COUNCILMAN KRUPSKI: Can I just ask a question for clarification? MS. WICKHAM: Yes. COUNCILMAN KRUPSKI: The numbers that Suffolk County reported are different than the numbers to the DEC? MS. WICKHAM: That is what we are showing. COUNCILMAN KRUPSKI: So what is the explanation for that? MS. WICKHAM: I have no idea. I am looking at what the DEC is being told by these carters they are doing. COUNCILMAN KRUPSKI: So every carter has to report to the DEC? MS. WICKHAM: Every transfer station has to report. COUNCILMAN KRUPSKI: So in Southold that would only be the dump? MS. WICKHAM: On C & D, North Fork will report. But on MSW, yes, it would only be Southold Town. COUNCILMAN KRUPSKI: Only on MSW. So that number should come from the dump every year. We should get a solid number. What happens to the other MSW that doesn’t go to the dump? MS. WICKHAM: That goes to a facility somewhere up west. COUNCILMAN KRUPSKI: So that would be reported in one of the other numbers, either Riverhead or Babylon. MS. WICKHAM: Probably Riverhead or probably Brookhaven. Yeah. COUNCILMAN KRUPSKI: Okay. MS. WICKHAM: I didn’t do Brookhaven on this chart because they are so big that, you know… June 17, 2008 Page 55 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: So out of scale to every discussion, sure. MS. WICKHAM: Yeah. That is a whole other animal. I don’t know, I cannot explain why there is such a differential. Getting back to the C & D tonnage, it doesn’t take a lot of loads to get C & D because it is very heavy. Roof shingles and concrete can be up to 25 tons per truck. Wood and metal also have a considerable weight and so your lower end of a C & D load is somewhere in the 10 to 12 ton range but it can go up to 25. and that ends up, that adds up very quickly. Right now, probably Mattituck Sanitation is again, at the 75 tons per day C & D. We certainly hope that that will grow. North Fork Sanitation is doing some 60 tons now, they are doing it outdoors. This will be an indoor facility. And again, we are hoping that other carters will add their loads, that construction companies on the north fork will have Mattituck Sanitation pick up because they can do a better job in terms of economics having it taken here instead of way up west. I have lots of other details, I don’t want to give them to you ad nauseum unless you want something specific. I do want to mention in terms of the other aspects of the special permit application, that a route plan was submitted with the application. We gave further details to Nelson, Pope and Voorhis and the Planning Board in connection with transportation questions, I know Southold Town Transportation Committee has looked at this and felt that there was adequate road capacity. The DEC part 360 permit, which is probably this thick or thick and growing was submitted with the original application on the northern lot for the original tonnage. When we started talking about moving the facility, changing the tonnages, the engineer and DEC spoke and it was determined that they would not formally amend that application to this facility location and this tonnage until the Town was satisfied with it and granted a special permit. So this permit, if you grant it, will have to be contingent on the DEC permit being approved as well, I assume, as the Planning Board final site plan and the Health Department. So that permit will be amended to reflect these figures because the Town permit and the DEC have to be the same size. It has to be. I also want to mention as I mentioned, I think, in the previous hearing, that the Mattituck facility will be phased out once Cutchogue is operational. The trucks will be stored and staged in Cutchogue, they will, to the extent possible, and we think probably all of them at this point can be stored indoors, which is a tremendous advantage in cold weather to diesel trucks and the only, only the servicing and some container storage will remain in Mattituck, the office operations will be moved to Cutchogue. I have Eugene Kempy, who is our engineer, he is an expert in this field, this is what he does. He is here to help answer questions, also Glen Grand is an expert in the architectural information, he is here and probably over half the room contains the DiVello family and their supporters, so anybody has any questions, I hope that one of us will be able to address them. SUPERVISOR RUSSELL: Is there any member of the public that would like to come up and address this issue? MS. WICKHAM: If I can ask one question, I realize you are waiting for the report from your consulting engineer on the solid waste management performance, hopefully we will not have any comments to that but I would like permission to comment on it if necessary. And I am talking about a very brief period. June 17, 2008 Page 56 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Absolutely. MS. WICKHAM: Very briefly. COUNCILMAN KRUPSKI: This should be a public document, right? SUPERVISOR RUSSELL: Yes. COUNCILMAN KRUPSKI: You should have access to it as soon as we do. MS. WICKHAM: Yeah. SUPERVISOR RUSSELL: Absolutely. We will make sure that happens. MS. WICKHAM: Well, but if you close the hearing subject to the report I would like the opportunity…. SUPERVISOR RUSSELL: Well, I think we will close the hearing subject to any written and continue to accept any written. COUNCILMAN WICKHAM: I don’t think it is a good idea to close it. I think we should leave it open so that that report is part of the public hearing. I would think that it should be part of the public hearing and that people can still comment on it. COUNCILMAN KRUPSKI: Yeah, we have no idea, when we, you know, I am not big on hiring outside consultants and the Town did spend considerable amount of money to hire an outside consultant to get and I think it is the same consultant that wrote the Towns’ solid waste management plan to see if it is consistent with that, so, we really don’t… SUPERVISOR RUSSELL: While we have the public here, let’s, I know someone behind you wants to get up and speak and while I have you and others here to answer questions, I would like to, you know, we will work out the mechanics in a few minutes. MS. WICKHAM: Okay. I would just like to comment though, that the applicant paid for the Nelson, Pope and Voorhis SEQRA. SUPERVISOR RUSSELL: The SEQRA…. MS. WICKHAM: The Town did not pay for that but it was your consultant. SCOTT SCHELIN: Good evening, Scott Schelin, North Fork Sanitation. I just want to clarify a little on our permit. We operate a transfer station as you know within the Town. According to our permit, we do 290 cubic yards per day. Now that would go off of six days a week, our hours are 8:00 AM to 6:00 PM which is, you know, set forth by the DEC. As far as the tonnage, I had heard the lady that had just spoke up here, that we do 60 tons a day. I just want to clarify that I June 17, 2008 Page 57 Minutes Southold Town Board Meeting don’t know where those numbers came from but that is far more than what our transfer station does. I didn’t want it to be let out for the people to see that that is what is brought by contractors or things along that line to our facility. And again, prior to us getting our permit, we didn’t have a scale, so it was set in stone, it was given by the DEC as a yardage thing. I just wanted that, basically, to be said. And the other thing is she was speaking about, I guess you would take it as an annual report. The Town really had nothing for all the years that we have done with our annual report, it is something we do us individually, with the Department of Environmental Conservation. Basically it is a big letter form that comes out. It is broken down, we put the, it used to be done quarterly is how they wanted it done as far as every quarter, the amount you know, which was estimated yardage by us, now it is kind of done on a monthly basis. We do it yearly but it is broken down on a monthly basis. That is, you know, of course records that are kept somewheres. We send them to our regional inspector that comes which works out of Stony Brook and then they are sent to Albany and also we keep a copy on file for ourselves. As far as that goes, I can say that we are self-sufficient funded. What we do doesn’t cost any of the taxpayers anything. It would be the same as far as Peconic Transfer. You know, we pay a monitor to come out to us. We have so much money within Stony Brook in escrow which you know, they just take out for every visit they come. And I just wanted to familiarize ourselves with our operations being you know and I just wanted to clarify that 60 tons, where that number came from I don’t know but I can say that on average we have probably 10 tons a day dropped off at our facility. That does not include the stuff that we dump ourselves, the smaller boxes there. But just to give you a little heads up. SUPERVISOR RUSSELL: Thank you. I just want to clarify for anybody that is here for this hearing. The fundamental issue here is how much garbage, whether it is solid waste, C & D construction debris of municipal waste, home refuse; how much is produced in each of the Town’s each year? That was the fundamental issue for the Town Board to consider and how much we would allow to be handled through this proposed facility. UNIDENTIFIED: (from audience) What towns? SUPERVISOR RUSSELL: Each of the ten towns in Suffolk County. And that was, the decision was if we are going to set a limit as to their operations what would be an appropriate limit to handle the refuse for Southold Town. How much is being handled by the Town? Suffolk County has a solid waste commission that generated numbers. There is a commission based on people inside and outside the industry. Their numbers seem to be in conflict with DEC numbers. That is the issue that Gail was addressing before. That is, on this chart here, substantial differences between what the estimates are from the Suffolk County Solid Waste Commission and by what the DEC is being monitored by their permitting process. That is where the discussion where Mr. Schelin just talked about and Gail had raised earlier. That is what this issue of numbers is. Would anybody else like to come up and address the Town Board? Mr. Skabry? TOM SKABRY: How are you doing? I just have question on that point of view I just made. Assuming hypothetically we have three operations that are working in the Town, the Town Board is going to use some numbers in order to figure the maximum that each of the facilities can handle and take that balance and cap the Peconic Recycling Center at that amount. June 17, 2008 Page 58 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Okay. MR. SKABRY: I think that would be a good way to go and I also said at a couple Town Board meetings ago, that if the Town is going to go forward and authorize the permit that I heard Gail mention that the DEC is not going to authorize a permit larger than that of the Town. That, to me, says that the Town has control over it right now. if the Town, let’s say gives him a permit for 350 tons or whatever the numbers are, the DEC might say actually from what I understand, the DEC is going to basically limit the size solely on the size of the building primarily, so kind of just also take that into consideration, too. That ultimately right now the Town is in control of what is going to happen in its Town and … COUNCILMAN WICKHAM: I would just like to clarify, this is a public hearing with 240 tons per day of MSW and 240 for C & D. I don’t think we are in a negotiating situation tonight. It is a public hearing with two firm figures. We are here to listen to what people have to say about those figures. SUPERVISOR RUSSELL: And I believe that is what Tom was addressing and that’s… MR. SKABRY: Right. SUPERVISOR RUSSELL: Okay. Would anybody else like to come up and address the Town Board on this public hearing? I think John had his hand up first. JOHN DIVELLO: John DiVello, Mattituck Sanitation. SUPERVISOR RUSSELL: I dispensed with the notion of age before beauty here. Just so you both know that. MR. DIVELLO: Of course. This is in response to Mr. Schelin. We got the numbers from them. The 60 tons a day. These are numbers that they filled out, Scott Schelin and gave to the DEC. Just so you guys know. And second on that, I mean, you don’t need a consultant to figure out that the county numbers are wrong. If you take the population of Southold Town and 7.4 pounds per day times 365 days a year, divide by 2,000, that gives you tons per day and it is more than the county number. If you guys want to write down that formula and check it out, feel free. SUPERVISOR RUSSELL: Thank you. ANTHONY DIVELLO: Anthony DiVello, Mattituck. First of all, I would just like to say when we first started this project, getting it going, my wife was pregnant with my daughter Emily. She th is going in to 4 grade this year. My father was working seven days a week on the roll-off, he is now retired. Steel, fuel, trash has inflated to all time high, I just feel that we have exhausted every effort to be within compliance with this project. And also I was wondering is there a cap on North Fork Sanitations tonnage? And operating on an outdoor… June 17, 2008 Page 59 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: That would be a question that they would have to address. That is actually not a facility that has this permit, so we don’t have their numbers. That would I assume, be permitted by the DEC. MR. DIVELLO: Okay. Also, and all our expenses are not causing the taxpayers any money, this is all out of our pocket. So I just wanted to clear that up. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on the issue of the Peconic Recycling and Transfer Station? COUNCILMAN WICKHAM: I have a question. I would be interested in the architect under the project, is there a provision in this facility to close the doors to it? Or is it always open to the wind and elements? GLEN GRAHAM: Good evening, I am Glen Graham of Graham Associates. We do have full enclosures. The doors will be closed. They have, it will be automatic as well. So during loading and operations, they will be open. During sorting, they will be closed. So we will keep debris inside. COUNCILMAN WICKHAM: But during the day of operation, you have trucks coming and going, they will just be open essentially in the morning and open most of the day and then closed at closing time? MR. GRAHAM: Depending on the load schedule. MS. WICKHAM: Depending on the load schedule and the weather, it probably won’t make sense to open and close those doors every time a truck comes in but they are not going to be coming in boom, boom, boom every minute. So if there is a lull between them, particularly in inclement weather, they will be able to close them. There is also a safety factor of doors going up and down all the time, the doors in this facility face south, towards the highway, towards Route 48. All the other three sides of the building are enclosed so there is only that south facing and that faces to the immediate east, the compost facility of the Town and then what is now Mr. Foster’s operation and all of the other industrial uses. That is the direction that if faces. We submitted to the Planning Board and I think you may, I am not sure it is in your package, the closest residences in anywhere near that direction would be over by the Church Lane facility and those I believe are over 1,000 feet away. And between them and this facility you have Mr. Foster’s operation and you have the Town’s composting operation. So there is a lot more going on outside between this facility and that residential area. SUPERVISOR RUSSELL: Mr. Kosymnka? MARTY KOSYMNKA: Marty Kosymnka. I am a commercial property owner up here. I am for what they want to do. And I can also say Rocky was, I’ve been up there two years now, I think once a week he walks that entire site. Up and down Depot Lane, what are you doing? He goes, I keep it clean. That is all I have got to say. June 17, 2008 Page 60 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Would anybody else like to address the Board on this hearing? Mr. Williams? CRAIG WILLIAMS: Craig Williams, Mattituck. I am not going to tell you I am an expert on this but I will say that I am a small business man in town and I am about small business in town. The DiVello family has ran an excellent operation for as long as I have been alive and I understand what, with the cap and understand that they don’t do as much as a cap and want to go to a bank and say, hey, if this expands and we grow you know, I am all for the project. I just wanted to voice my opinion. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this hearing? (No response) Okay, I guess what we are going to do is make a motion to adjourn the hearing. We don’t want to close it now, we will adjourn it now subject to the report of our consultant with regard to our solid waste management plan. Can I get a motion for that? RESULT: ADJOURNED [UNANIMOUS] Next: 7/1/2008 4:30 PM MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Motion To: Adjourn Public Hearing COMMENTS - Current Meeting: RESOLVED that this public hearing on the Peconic Transfer Station held by the Southold Town Board be and hereby is declared adjourned at 9:07 P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Melanie Norden, Greenport MELANIE NORDEN: Hi, Melanie Norden, Greenport. A few weeks ago a well connected woman business owner here in Southold created a slap and stir about a proposed bus stop on Route 25. Her claim was that a bus stop was not appropriate for the hamlet of Southold, it didn’t fit the architectural integrity of Southold. So the Town Board jumped on the issue and according to the Suffolk Times, decided to move it to Greenport and as a result several letters appeared in the Suffolk Times about peoples concerns, that is was kind of a cavalier decision and it underscores something that I think a lot of people in Greenport have felt for sometime, that there is a double, maybe a triple, maybe a quadruple standard that applies particularly when it comes to things like code enforcement and other issues. That somehow what is not good for the rest of the Town of Southold is good enough for Greenport. I would like to talk a little about the gateway area of Greenport because as you probably know, there has been a lot of really wonderful improvements. Riverhead Building Supply, Brian Arm, Mike Domino, a number of June 17, 2008 Page 61 Minutes Southold Town Board Meeting buildings have gone up but we have consistent eyesores that have not been acted on by the Town that are in the Town’s jurisdiction. We have a big piece of property Colin Ratsey has with lots of abandoned trucks, vehicles, logs for sale, buoys, junk all over the place. He doesn’t have a permit, he charges for parking, there is no permitted use and there is no use and it has not been enforced. Do you know across the street we have the Empire gas station with 100 cars, many of which aren’t licensed, none of which are there for repair and I guess my question really is, what is happening with code enforcement? We have one code enforcer for the Town of Southold, East Hampton I think has six, eight, Southampton has six, Riverhead has three and it doesn’t seem, especially with respect to Greenport that any of this stuff is getting enforced at all. I mean, I do call Ed Forrester a lot and I put it on the docket and I never hear back from him. And I never see any changes. So this is the gateway to our village and if this happened I genuinely believe, if this junk were in Cutchogue or anywhere else, it would be cleaned up immediately. And I would like to know why these uses, there is also junkyards, an abandoned junk place, it also has been a recommendation that the Greenport stakeholders made over a year ago to the Town to think about, which would not cost a dime, to think about making these kinds of enforcing the codes. Now a good code enforcer can pay for him or herself. If they are vigorous in code enforcement they can generate fees that would offset some people’s taxes but more importantly, I just don’t understand why this is happening and what the Town plans to do about it? SUPERVISOR RUSSELL: I will tell you with absolute candor, I have been focusing on code enforcement since the first day I have got here, it has been the most frustrating aspect of my job, every thing seems to be a monumental task for it to get enforced. I am disappointed in the performance of the Code Enforcement Officer to be frank. He knows that, I deal with him all the time. I have made several changes to the Town code beefing up fines. We have coordinated meetings now with all the departments to focus on code enforcement. Everything seems to be a monumental problem. In reference to the one gentleman you mentioned, Mr. Ratsey actually has a pending site plan, I believe, and some outstanding violations there. MS. NORDEN: Oh, I know that. But how come he is able to run his parking lot and charge for parking, have buoys, logs for sale, 20, 30, 40 vehicles some unlicensed, which is in violation of the Department of Motor Vehicles and nothing is done? SUPERVISOR RUSSELL: That is a good question. Actually, generally under that site plan, the site plan reviewers would be out looking at sites. We had a shortage of staff in the Planning Board off ice until recently, so we are not getting the reports back to go and file with code enforcement. MS. NORDEN: I know but this refers to the current use not the future site…. SUPERVISOR RUSSELL: Well, the current violations, well, look a violation right now I would think should enjoin you from being able to move forward on a site plan. In other words, if you have outstanding violations, you shouldn’t be given the privilege of processing your application in another department before you clean that up. It is the leverage we need. June 17, 2008 Page 62 Minutes Southold Town Board Meeting MS. NORDEN: Well, forgetting the site plan and its pending status, the question is, why has the code enforcer or the Town not said to this property owner and across the street and down the street and in all of these areas, these vacant lots were trucks are dumped, everywhere west from 7-11 to the SD Horton park, why is this area not been cleaned up? I mean, these are obvious egregious violations and you have created a blight law in addition to the town code 280 two or three years ago, to help clean up blight, litter, all sorts of other crap and nothing gets done. SUPERVISOR RUSSELL: You are right. MS. NORDEN: And I genuinely believe that there is a double or triple standard. I do not believe that something right in on Route 25 in Cutchogue or in Southold, where you won’t even accept a bus stop in Southold, if there is a bus stop that is not in keeping with the architectural integrity of the hamlet of Southold, that gets bumped over to Greenport. This is the same Route 25 just a few miles down the road, the gateway to Greenport which is not being enforced, which has become a dumping ground. So there is really a double standard. SUPERVISOR RUSSELL: Let me just, let me clarify. There is no double standard, the enforcement is bad throughout this entire town. If you live in Cutchogue right now, you would be talking about that property that is just east of what used to be Dr. Lizewski’s before he passed away, his property. That is a verifiable junkyard. It has been for years. And I have been trying to get code enforcement to do something about it. If you live in Southold, you would be talking about two operating junkyards, right in the community of Laughing Waters. You can talk about site after site after site, day after day. It is the most frustrating aspect. I call him in, I call the counsel in, what are we doing about it? Well, we did a violation, we went to court and the court adjourned it because the attorney asked for an adjournment and this game gets played over and over and over again. Trust me, I plan on, the code enforcement officer recently let me know he is retiring in November and I plan replacing him and I will put in the budget I propose to this Town Board, a second code enforcement officer. MS. NORDEN: I think you need at least a second, if not more. SUPERVISOR RUSSELL: At least a second. Well, you also have to remember, I have people right now, by state law that are code enforcement officers. That is the building department that are qualified to enforce the code. I plan on relying on them more, too. They have been, to be frank, reluctant to help because we have this one gentleman that is supposed to be doing it. That is changing, I am meeting with them in the near future. I have talked with Councilman Orlando about getting the building department in to talk about the way they are currently doing business and the way they need to do business in the future. I need to get more out of the people that work here in this area to help. I can’t go out and employ six people. It is cost prohibitive. I can get more…. MS. NORDEN: But, I mean, if we can do a bond to really increase all sorts of expenditures at the transfer station, why can’t we think about adding code enforcers to our budget? One way or the other. June 17, 2008 Page 63 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: We can. I think we can. But let me also mention, you had talked about the bus shelter, let me point out that it wasn’t one well connected person. It was the Chamber of Commerce and their objection… MS. NORDEN: No. SUPERVISOR RUSSELL: Melanie, let me just… MS. NORDEN: No. It started by a well connected Republican business woman who created a real flap and stir and then she got everybody else excited in the Town of Southold, we all know who she is and it wasn’t just the Chamber of Commerce, it was because she created a flap because it was going to be right in front her business. SUPERVISOR RUSSELL: She certainly did. Now let me point out the issues that weren’t addressed in the Suffolk Times. When the bus shelter goes in, that whole area becomes no parking. Look at that village. There is no parking to begin with. Were I a business owner, I would be concerned about the no parking as well. In Cutchogue when they did that and they put no parking, two businesses went out. Which is just to the east of the North Fork Bank property. MS. NORDEN: So how come it was dumped in Greenport? SUPERVISOR RUSSELL: It wasn’t dumped in Greenport, the Village asked for it and what we are doing is we are finding other sites, potentially three sites in Southold in the next round of grants. We are getting three a year and Greenport had a site ready to go. Rather than give up the opportunity for the bus shelter, the Village had asked for it. We said we can build that one there and in the next round, site three in Southold. One I would like to put right in front of Town Hall. Because I think we would be a perfect steward for it because we can have DPW to maintain it everyday. The issue there was parking. I happen to agree with what she said. Why was the hardware store allowed to be built without adequate parking? We didn’t learn our lessons in Cutchogue? I don’t know. That was the Planning Board decision that was made, I don’t agree with that but the business owners raised the issue on creating the no parking. I also want to remind you that a very influential person on the other side of the political aisle spoke against that site as well because of her stewardship of that park and the need of parking for the events at the gazebo. It wasn’t a political power play by any body. I was listening to people on both sides of the political aisle that day and the big concern, some people raised the concern about bus shelters generally, about not fitting into Southold. I don’t think the Town Board accepted that base and we didn’t say we are not going to have bus shelters. We will just find locations that we can house them without creating the no parking dilemma. MS. NORDEN: Yeah, like Greenport. SUPERVISOR RUSSELL: No, like Southold. Like three in Southold. But the Village had asked for that one, we didn’t want to lose that one in this round of three. Then we will get three in the next round…. June 17, 2008 Page 64 Minutes Southold Town Board Meeting MS. NORDEN: No, Scott. The Village already has a location for a bus stop and the Village, this is not the village asked for it, this is a matter of the fact that political pressure was brought so that a bus stop would not be in Southold. For whatever constellation of reasons… SUPERVISOR RUSSELL: Not in Southold, at that specific site. MS. NORDEN: Not in Southold but in Greenport. SUPERVISOR RUSSELL: Not at that specific site. MS. NORDEN: If you had re-sited it at another location in Southold… COUNCILMAN KRUPSKI: But we might and one location, and Scott is right about the parking, because businesses do rely on that parking and the park also relies on it…. MS. NORDEN: And Greenport is heavily challenged with parking much more so than Southold. COUNCILMAN KRUPSKI: I would assume that Greenport would be involved, their government, they would be involved in the siting of it. MS. NORDEN: The point is, this Town Board made that decision, a cavalier decision in the perception of many Greenport residents. Southold doesn’t want it, let’s move it to Greenport. SUPERVISOR RUSSELL: That is because they took an inaccurate depiction of it from an article in a newspaper. COUNCILMAN WICKHAM: I would like to have a comment. I have been active with the Transportation Commission for two or three years now. Greenport has been on the map for quite some time. We spoke to the former mayor, we spoke to the current mayor. The location was identified…. MS. NORDEN: I am aware of that, Tom. That is not the issue that I am raising. COUNCILMAN WICKHAM: It was all set to go and when we pulled the plug, in my view erroneously and wrongly on Southold, then we said, look that frees up the money we can move right ahead right away in Greenport. It wasn’t as if it was a second step-child or second citizen. MS. NORDEN: Yeah. The bottom line is, though, is that it was moved to Greenport and there is no bus stop in Southold. COUNCILMAN WICKHAM: And it actually means that it was moved up in Greenport, given a higher priority. But I want to respond to your bigger question and that of code enforcement. I think the problem is basically that code enforcement is run out of the Supervisor’s office and I think that is wrong. The Supervisor has mentioned half a dozen times tonight, my code enforcement officer, my this, my that and I am running the thing. The Town Board has been June 17, 2008 Page 65 Minutes Southold Town Board Meeting kept completely in the dark and has had virtually no input into code enforcement in this Town. I think it has been targeted, I think it has been used wrongly and I agree with you that there is a great deal that is wrong and I think that this Town Board needs to step up to it and the Supervisor needs to share some of the information and use the Board properly. MS. NORDEN: Well, the bottom line is I don’t think this is a Supervisor’s issue. You all drive cars, you all run around the entire Town of Southold, you can easily see when you approach Greenport, Tom, that Colin Ratsey’s property has 400 or whatever, illegal trucks. This is not, everyone on the Town Board can equally participate, I am a citizen. I am bringing this issue to you tonight. COUNCILMAN WICKHAM: Okay. MS. NORDEN: It is not a function of what is in or out of the Supervisor’s office. COUNCILMAN WICKHAM: Okay. Why don’t you…. MS. NORDEN: I expect this Town Board to be incredibly proactive when it comes to code enforcement, you know the code, you know chapter 280, you should know it chapter and verse. I would like to see it enforced. COUNCILMAN WICKHAM: Why don’t you call me? MS. NORDEN: Alright. SUPERVISOR RUSSELL: Let me just clarify. MS. NORDEN: I don’t want this to become…. SUPERVISOR RUSSELL: The code enforcement effort that was started two years ago, to this day, every meeting we had was noted to every department. Ruth, you were there… COUNCILMAN WICKHAM: Not the Town Board. SUPERVISOR RUSSELL: The Town Board. Everybody was noticed. If you don’t show up, you don’t know what is going on. I can’t help that. But everybody was noticed. In fact, you were at one of the meetings. COUNCILMAN WICKHAM: I walked in…. SUPERVISOR RUSSELL: This is issued out to every department head, to every single individual. Everybody was noticed. They were public, every meeting was public. The results of those meetings came before this Board for laws that we voted on. To suggest that we are excluding people is ludicrous. June 17, 2008 Page 66 Minutes Southold Town Board Meeting COUNCILMAN WICKHAM: Under this Supervisor, some people have been targeted and other people have been given a free ride. SUPERVISOR RUSSELL: No, some people haven’t shown interest because they are too busy violating the code and not helping. But the fact of the matter is, I have been candid with this Board. Everything we have done has been before the Town Board, before every single department head of every political persuasion. It is ridiculous, either you are interested in code enforcement or you are not. MS. NORDEN: Let me just point out, that the broader issue, that we need to generate revenue. And if you had a team, like Southampton and East Hampton had, of competent code enforcers, you would generate revenue. And all of these violations could add up to money in the pocket of the Town of Southold. So code enforcers pay for themselves… SUPERVISOR RUSSELL: Right. MS. NORDEN: Unlike dumps and transfer stations. SUPERVISOR RUSSELL: One of the things we needed to do was to raise the fines. We raised the fines substantially, we still need to raise other set of fines. MS. NORDEN: I know but you are not enforcing them. SUPERVISOR RUSSELL: That is right. One of the problems with when we do enforce, we violate, they come to court and they are in compliance and the fines generally get adjudicated down. But let me point out, we raised fines from $500 to $10,000 for instance, depending on the issues. My colleague over here voted against that measure, so to say that he has been excluded from the process is ridiculous. We raised fines because a lot of these people would violate, come in and pay the $400 or $500 through the course of doing business and do it all over again. It was a cycle we had to break by raising fines. We are doing all of that, we need better enforcement, I agree with you one hundred percent. Throughout this entire Town, I have to tell you I get complaints every day from every, every part of the Town. MS. NORDEN: I know you do. But we have to do something about it. We can’t just simply say, the code enforcer is retiring, let’s think about the future sometime down the road. SUPERVISOR RUSSELL: We are not just, we are acting on it every day, Melanie. MS. NORDEN: The bottom line is, we need a plan. COUNCILMAN WICKHAM: Yes. Yes. MS. NORDEN: Because there is a serious ongoing problem. It predates your administration. It was the same thing with Josh Horton. Colin Ratsey…. June 17, 2008 Page 67 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: But we developed a plan. MS. NORDEN: . ..has been around for years…. SUPERVISOR RUSSELL: We developed a plan, we developed protocol. We developed all of that. We have all of that. We developed the protocol. I have a hard time getting my code enforcement officer to enact the protocol but we developed criteria under what is a finable offense, we have done all of that. MS. NORDEN: Okay but as serious as any issue is to really look at enactment. Maybe you have developed all of this stuff, the point is hasn’t addressed the problems. You are not enacting it, you are not leveling the fines. I don’t care if the fines are $100,000. If you are not going to fine somebody and pull them in, it doesn’t make any difference. There is a disconnect, then, between what you have already put on the books and what actually needs to get done…. SUPERVISOR RUSSELL: I agree. MS. NORDEN: And we have to come up with a plan to get it done. And let’s not politicize it because it predates every administration and it is just getting worse and worse with flagrant violations and the only reason why people violate flagrantly is because they know they can get away with it. Now this is the gateway to a village that I am very proud of living in and I think Greenport, quite frankly, is the jewel in the north fork’s crown. And I think it is really seriously reprehensible that some property owners are allowed to trash properties so incredibly, right as you are driving in. You pass the SD Horton park, you pass your wonderful water view, you pass you know, the Southold fish market and everything, you come upon all this junk and it has been that way for years, not just in your administration. In Josh Horton’s administration and it has to be addressed and I hope tonight that you go home and you fill the paperwork out to pull Colin Ratsey in here and some of the other business owners and you tell them you have to stop. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN ORLANDO: Just one more comment with the bus shelter before you leave, ma’am? We have, you said there is no bus stop in Southold. There is a bus stop in front of the North Fork Bank, now the Capital One bank. That is where we proposed to put the shelter because it doesn’t exist. The bus stop isn’t where they wanted to put the shelter. That was the knee jerk reaction is we are putting it where the bus doesn’t stop now. It stops in front of Capital One, the Supervisor was going to contact Capital One and say please put the bus stop here since the bus stops here already. That was it. We have a bus stop, we want to put the shelter where the bus stops. It doesn’t stop there now. So we are creating a new bus stop. MS. NORDEN: Well, why do we need Capital One’s decision in anything? COUNCILMAN ORLANDO: Because it will be partially on their property, so we have to ask them. June 17, 2008 Page 68 Minutes Southold Town Board Meeting COUNCILMAN KRUPSKI: There was also the suggestion of putting it by the rail road station. So if you want a transportation hub with parking, the logical place also would be by the railroad station. SUPERVISOR RUSSELL: I might point out… MS. NORDEN: (Inaudible) wherever you thought about putting it, the bottom line is presumably you haven’t put it anyplace. COUNCILMAN ORLANDO: So it wasn’t about we don’t want it in front of there because it… MS. NORDEN: The bottom line is, where is it? COUNCILMAN ORLANDO: The bus stop doesn’t belong there, the bus doesn’t stop there, it stops in front of Capital One. MS. NORDEN: Okay. But you still haven’t put it anyplace in Southold? SUPERVISOR RUSSELL: Correct. But we get three every grant. We are not paying for them, the County is. We get three every cycle. To keep three on the ground, we relocated one to that secondary position. We are still trying to site three bus shelters in Southold. Not just one but three. Just like every other hamlet. At the same time, we had one… MS. NORDEN: Okay, the bottom line is, no matter what your intentions were, there is no bus shelter in Southold and there is one in Greenport, there is already one in Greenport and if you just move this Greenport one over but no matter what your intentions were, you didn’t act on it and Southold business men and the Chamber of Commerce, whoever they were, got their way. COUNCILMAN WICKHAM: Yes. SUPERVISOR RUSSELL: If you have issues with how many bus shelters are in Greenport, you should discuss that with the Village Board. MS. NORDEN: I don’t have any issues about Greenport bus shelters. SUPERVISOR RUSSELL: It sounds like you do. MS. NORDEN: I raised the issue about the fact that you chose not to put one in Southold. SUPERVISOR RUSSELL: Not in Southold but in that specific location where all the permits were. You have to remember, you need DOT approval and everything else to locate a bus shelter. We had a backup in case, we didn’t have permits to relocate and an easement from owners to locate it quickly in Southold and we didn’t want to lose that money. We plan on locating three in Southold. We are siting them. Again, I would gladly put one in front of Town June 17, 2008 Page 69 Minutes Southold Town Board Meeting Hall. Would anybody else like to address the Town Board? Supt Highways Peter Harris PETER HARRIS, SUPERINTENDENT OF HIGHWAYS: Peter Harris, Superintendent of Highways the Town of Southold. As you all know, a week or so ago Sunday, we had a severe thunderstorm go through the Town of Southold, Peconic, Southold, Greenport area. And we had a substantial amount of limbs and stuff come down from the storm off of town trees and residential trees. Only two weeks prior to that, the Southold Town highway department finished a seven week cleanup of brush and leaves in the entire township. Right after the storm ended, we called crews in, went out, opened roads, removed trees that were blocking roads. The next day we commenced on moving removing branches and storm debris from town owned trees in the right of way. For whatever reason, the residents of this Town felt that the highway department should go back and do another cleanup. And this is physically impossible. Seven weeks were taken out of the spring to remove residential yard waste and trees, limbs, whatever have you, we do a spring cleanup, a fall cleanup. Thirteen to fourteen weeks a year we are doing this as a service to the taxpayers. When people say they get no services in town, I provide services. The fact of the matter is that I am requesting that the Board, that in the case of a severe thunderstorm goes through and there is property damage, that the Town Board enact that the solid waste compost facility be open for the residents to be able to bring the debris in free. So that they will have an incentive to take it and not always look for the highway to come and clean their yard for them. COUNCILMAN KRUPSKI: For what? Like two days, a week? SUPERINTENDENT HARRIS: Well, it would depend upon the storm, Albert. I would say probably about a week, depending if it is a severe storm. You might think it two weeks, but in the case of that storm, I mean we would get inundated. And when we told them, we asked them, well, is it a town tree? Is it on the street? No, it is in my backyard, it came down. When are you going to come and take the stuff away? I said, I am not coming. I said I can’t. so I am looking to this Board to, you know, the same people that were calling the day before and looking for a drain or a street to be paved, now they want me to come and clean the yard again. So I am looking to this Board to help the citizenry to do away with the fee sbefore and looking for a drain or a street to be paved, now they want me to come and clean the yard again. So I am looking to this Board to help the citizenry to do away with the fee structure, so and give them an incentive to take it. That is all. COUNCILMAN RULAND: It would seem, Pete, that some of the other towns responded in that same way. SUPERINTENDENT HARRIS: Bill, I know the Town of Southampton, they open all of their facilities for anyone to bring it in. I did hear that East Hampton, I don’t know if they were picking up, telling the residents that the stuff that fell from the trees in front of their houses that they would pick up but nobody that I know of in Riverhead or Southampton, no one went out and did residential. It was just, if it was a town owned tree from a town owned right of way, whether it fell in or it fell out or you know, we will handle it but it is just that you know, we have to do something to initiate the public to you know, they are going to say well, I don’t want to June 17, 2008 Page 70 Minutes Southold Town Board Meeting have to pay the fee. The price of fuel, the price of this, so I am just looking from this Board that in the future, whether it be dialogue between me and the Supervisor or someone from the Board that we can have, if a storm goes through and I say to the Supervisor or Board members we have damage out there, can we institute this, open up the compost facility for a couple of days, for a week, whatever it can be and give everybody the opportunity to go there and bring storm damage debris. Just residential, not commercial. COUNCILMAN RULAND: It would seem to me in Southampton, that is what they did. They allowed no commercial people but residential people. It also would seem that over time your two times a year program is being taken advantage of by… SUPERINTENDENT HARRIS: Oh, absolutely. COUNCILMAN RULAND: There is a big difference between what fell down over winter and when I cleared my backyard, for Pete to take it away. SUPERINTENDENT HARRIS: I mean, you know, this is a service that has been going on for years prior to my administration, prior to Mr. Jacobs administration, the fact that one time when the cleanup first came up, you could throw anything, anything from refrigerators, washers, dryers, boats, you name it. They used to be able to throw it out. They did away with that and they just went down to yard but, you are right. COUNCILMAN RULAND: And I think that if the guidelines don’t get firmed up, you will need more than 14 weeks. SUPERINTENDENT HARRIS: Well, in the case of that,…. COUNCILMAN RULAND: In the future. SUPERINTENDENT HARRIS: If we don’t pick it up today, they will end up dumping it someplace tomorrow on the town right of way, where there is no, and we will go back and pick it up anyway. COUNCILMAN RULAND: That doesn’t make it right. SUPERINTENDENT HARRIS: That, no, but if you do see somebody doing illegal dumping, I wish they would call and report them and it is not so much even the code enforcement because now that they are breaking the law, that is a police matter. It is not, you don’t even have to have code enforcement, that is a police matter but I, enough on that but I am just asking that in the future, if in case we have a severe storm you know, go through and we have damage that we can contemplate opening up the compost facility to let the residents take it in. COUNCILMAN KRUPSKI: That is a good suggestion. SUPERVISOR RUSSELL: Thanks, Pete. Yeah, okay, John. I want to make a closing comment June 17, 2008 Page 71 Minutes Southold Town Board Meeting tonight on the political attacks I have suffered but John, by all means, go ahead. John Copertino, East Marion JOHN COPERTINO: John Copertino, East Marion. Just a question that, I contacted you, the whole Town Board I e-mailed. Have you considered promoting, starting a promotion sponsored by the town promoting the businesses in the town? A media campaign, bumper stickers, tv, radio, to promote all the businesses in the town? Especially now since we are feeling a little recession here. SUPERVISOR RUSSELL: You had a slogan, too, didn’t you, John? What was your slogan? MR. COPERTINO: Shop Southold. Buy Southold. It was more or less… SUPERVISOR RUSSELL: Buy Southold isn’t a bumper sticker you want a Town Hall putting out. MR. COPERTINO: Well, you know, buy in Southold. You know, it would also further the, fortify the spirit of the town and it would promote the businesses that are failing or hurting during these times. You know, it is, I don’t think it would cost much. You probably could get a slush fund started from the businesses themselves to promote it, you know. News media, Suffolk Times…. SUPERVISOR RUSSELL: You know what? It was an excellent suggestion, it was an excellent suggestion you sent to me, to be candid, I didn’t do anything with it but I should take it to the North Fork Promotion Council, who we partially finance to create a program like. That is an excellent idea and I will do that. MR. COPERTINO: You can get contributions just from the businessmen. I am sure they would be happy to contribute. All businesses. Whether it be professional, contractors, landscapers, manufacturers, whoever. All businesses. And it would help, you know, keep the money here and keep the people working. That is all. That is the only thing I have. Just wondering if you tossed it around. SUPERVISOR RUSSELL: Thank you. MR. COPERTINO: Thank you. Supervisor Russell SUPERVISOR RUSSELL: I actually sat here and listened to an accusation that we are politicizing code enforcement in Southold Town. I would welcome anyone to look at the list of violations that we have issued. It is much larger than it ever used to be. It has people on there that I have been friends with for over 30 years. We are even handed, we are enforcing everywhere we can. Mr. Wickham’s claim that I am somehow singling him out is the same claim that I get from every chronic violator. It is not run out of my office. We have open meetings. (inaudible) June 17, 2008 Page 72 Minutes Southold Town Board Meeting COUNCILMAN WICKHAM: I did not say you singled me out. I didn’t say that . SUPERVISOR RUSSELL: That is exactly what you said before. COUNCILMAN WICKHAM: I didn’t say you singled me out, I said that code enforcement under your administration is emanating from the Supervisor’s office and I think that is wrong. You are the one targeting people, you are the one, you shouldn’t be doing that. SUPERVISOR RUSSELL: I am the one targeting people? Let’s go to the tape. That is what you said. I am not targeting anybody, all complaints get followed up. All complaints originate from the community. In cases where the Cutchogue Fire Department or residents of a street in Southold file a complaint, the code enforcement officer is instructed to go out and pursue it. Again, there are people on that list, that I have been good friends with for over 30 years, because they violated the code. It is an even handed approach, it is an awkward approach. We are not getting to where I want to be yet, Melanie, I have to concede, everything you said is absolutely 100 percent correct. But for the fact that I think it is poor all throughout the town not just in Greenport. But we have made an open effort that everybody has been included in, every step of the way. Everything is aboveboard, it is not being run out of my office. The complaints come into every office. They go to one office, there is a paper trail on every single complaint here, there is a file cabinet that the code enforcement officer finally got after 10 years. He never even had one. Everything is there, everything is tracked, everything is reported, everything is signed, the complaint is signed. It is an open process for everybody to see and I would strongly recommend anybody that wants to make that kind of claim, as many of my chronic violators do. To go and look at the books. Because we are doing it even handed, with protocol that is fair and even handed and honest. Would anybody else like to say anything? (No response) 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 9:52 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell