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HomeMy WebLinkAboutTB-07/15/2008 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 July 15, 2008 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 15, 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 July 15, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived William Ruland Town of Southold Councilman Present Vincent Orlando Town of Southold Councilman Present Albert Krupski Jr. Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman 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. Department of Public Works Monthly Report June 2008 2. Board of Trustees June 2008 3. Town Clerk Monthly Report June 2008 July 15, 2008 Page 2 Minutes Southold Town Board Meeting 4. Town Clerk Quarterly Report 2008 1st Quarter 5. Town Clerk Quarterly Report 2008 2nd Quarter 6. Town Clerk Semi-Annual Report 2008 1st half 7. Program for the Disabled June 2008 8. Accounting Dept. Budget Report Month ended June 30, 2008 9. Justice Bruer June 2008 10. Island Group-Employee Health Care Claim Lag Report - 6/1/07-5/31/08 11. Judge Evans June 2008 12. Judge Price June 2008 II. Public Notices 1. NYS Liquor License Renewal Russell Restaurant Corp, 55500 Main Rd., Southold North Fork Bocol Inc d/b/a Four Doors Down, 10560 Main Rd., Mattituck Pellegrini Vineyards, LLC, 23005 Main Rd., Cutchogue III. Communications 1. Letter Received from Christopher Smith regarding Planning Board 2. Letter from Linda Goldsmith regarding Highway Department July 15, 2008 Page 3 Minutes Southold Town Board Meeting 3. Email from Tim Mc Kiernan Regarding Transfer Station IV. Discussion 1. 9:00 A.M. - Heather Lanza - Brief Comprehensive Plan - Possible Delay of TDDs 2. 9:30 A.M. - Neb Brashich, Jamie Richter - Bus Shelters - The Arts in Southold Town 3. 10:00 A.M. - Thomas Neely Coordinated Rail Bus Study 4. 11:00 A.M. - Mark Terry Management of docks in town waters 5. Consider Proposal Regarding Lot Waiver Merger Law Amendments per Supervisor Russell 6. Create Sanitary Law ie dumpsters per Supervisor Russell 7. Winery Tasting Rooms Off Site Per Supervisor Russell 8. Farmstand Code Follow Up per Supervisor Russell 9. Committee Appointments 10. Site Plan for Existing Businesses per Councilman Wickham 11. Executive Session Employment History of a particular person (2) 12. Executive Session - 12:00 P.M. - Melissa Spiro Property Acquisition (publicity of dicussion would substantially affect the value thereof) July 15, 2008 Page 4 Minutes Southold Town Board Meeting 13. 12:30 Pm - LUNCH 14. Plum Island Upgrade to Bio 4 Town Board position 15. Executive Session Medical Leave Extension Pledge to Flag Opening Statements Supervisor Scott A. Russell SUPERVISOR RUSSELL: Can I ask everybody to please rise for the Pledge? I would ask anybody that would like to comment on any item as it appears on the agenda to please feel free to come up now. Joan Egan, East Marion JOAN EGAN: Good evening, Joan Egan. Humongous crowd here tonight. Happy that we are all here and of course, you have all checked all the things that I usually ask about? You know, the justice report because I was here last Friday morning. It is quite a jungle. Quite a jungle. And I have to give Judge Price a lot of credit, he moves things along very, very rapidly and tries to help everybody. Item 633, I am sure they all filled out the form…. SUPERVISOR RUSSELL: Yeah, the form as a result of the Joan Egan act. We actually have, the problem was, again, it is a work in progress and it is a new process. We didn’t get these forms until probably the end of work session today. MS. EGAN: I know. You told me and I still truly feel that it takes two police officers, especially juvenile, out of commission for at this time of year, is wrong. We are still down six police officers. I did speak with Pat at the police station and the Chief is trying to address to get the men who were examined by the County doctors to give a release. They have to sign a release, that we can move on whether they are retiring or going out on disability. But in the interim, this means two more police men will be off the road and we are down and it gets worse. Now, this goes on until August 29. SUPERVISOR RUSSELL: As a point of information, Albert actually brought those issues to us a few minutes ago and what we had decided was we will ask the Board to table that so that we can have the police chief come in and explain the impact of the work force there with the loss of two officers to a seminar, if they would be taken out of squads. MS. EGAN: Well, I have gone over that for quite some time and I know exactly what happens. They do double time, double duty… SUPERVISOR RUSSELL: Those specific…. July 15, 2008 Page 5 Minutes Southold Town Board Meeting MS. EGAN: They come to work tired… SUPERVISOR RUSSELL: Those are the specifics we are looking for from him that we didn’t get in this form. So I agree with you. MS. EGAN: Good. And of course the phone thing is being tabled, so we have one wasted page, two wasted pages, three pages, four pages, five pages, six pages. Six and a half pages. I know it is recycled but it all comes from trees. Item 671, again my usual hype. I always feel you are getting too much land in your name. god forbid what will happen to that land. I thought, what was his name, Rempe? He was here at the last Town Hall meeting and he addressed about a overall planning for hopefully when the economy recovers…. SUPERVISOR RUSSELL: Mr. Meinke. MS. EGAN: I thought that was excellent. The same item, 672. How is my Fishers Island lady? JUSTICE EVANS: Good, thank you. MS. EGAN: Got a lot of things for Fishers Island. I expect you to take care of those. JUSTICE EVANS: Inaudible MS. EGAN: Oh, on item 678, is that going to be a permanent transfer? They couldn’t get something from civil service? Is that permanent? SUPERVISOR RUSSELL: 678 is not a transfer, it is a new hire for the Town Clerk’s office, I am sorry for the Justice office. We actually have two retirees coming in at the end of the year, the idea was to get someone in a little early so they can…. JUSTICE EVANS: One of them retires at the end of July. SUPERVISOR RUSSELL: End of July. The idea was to get someone a little early so they can develop some training and some understanding of the office, prior to the leaving of two very seasoned workers. MS. EGAN: Good. Now, item 679, I think I may have mentioned it last meeting and if I did, that is okay, I am going to repeat it. That the flag issue at town beach. They had a problem but basically the problem emulated from the fact that the people at the recreation, is it Mr. Reeves? Is that his name? He did not give the two lifeguards proper instructions for putting up the flag and taking it down. Mr. McMahon, I spoke to him and what have you. I believe the issue has been resolved but it was wrong on Mr. Reeves part that people were sent up there without proper instruction and it was a problem because of the construction and all of that. And that man who says he is there 24/7, he is there and I give him the horn and he waves hello to me. He knows I am on his side. So I enjoy that. Now, we have on again, item 680, we have people going, it is July 15, 2008 Page 6 Minutes Southold Town Board Meeting day trips but they are out of the office and did they fill out the forms? The Joan Egan forms? SUPERVISOR RUSSELL: Yes, they did. We have them right here. Their department head filled it out. MS. EGAN: Good. Well, let’s hope they get some good out of it. Now, this 681, miscellaneous public hearing. What is this about? Oh, this is a Mattituck Park district. And that is probably a pretty big deal. Other people will be talking about Mattituck. Oh, item 683. How did he get appointed to the police advisory and why for so long? SUPERVISOR RUSSELL: Why does the term last for that long? That was the terms of office that were created when that Police Advisory Committee was created back around 1990, 94, 1995. This particular person has been serving on the committee, he asked for reappointment. So we extended him that benefit. We talked at the Town Board level recently about perhaps changing the charge of the Police Advisory Committee. A lot of the items they deal with are insurmountable items, such as you know, scheduling, budgets. All these things that are very difficult for a volunteer group to really sink their teeth into, so we have talked about perhaps changing the focus of that group. MS. EGAN: He has been on it for a while and was reappointed…. SUPERVISOR RUSSELL: That is right. Yeah. MS. EGAN: I think that it is very important that you get new blood in there all the time before they get too cozy in the job and what have you. I think that is very important because we don’t want any problems and if you stay there too long, you make too many friends and too many options, so I think in the future, you get some new blood there. and of course, 687 is a liquor license and I think you clarified that for me before. Are we having problems with the Department of Labor? 689? Did any of you read these things before you came here today? SUPERVISOR RUSSELL: Yeah. As a matter of fact, I read that one and tried to figure it out… MS. EGAN: Well, somebody else should be able to answer some questions also. SUPERVISOR RUSSELL: This is a contract. So I will defer to Pat. TOWN ATTORNEY FINNEGAN: That has not come into my office yet. SUPERVISOR RUSSELL: I will have to give you an answer tomorrow. I know that is not satisfactory for you, but I have to give you an answer tomorrow on that one particular resolution. MS. EGAN: You mean you’ll call me for a change? SUPERVISOR RUSSELL: Oh, I do call you. July 15, 2008 Page 7 Minutes Southold Town Board Meeting MS. EGAN: You’ll try. SUPERVISOR RUSSELL: I usually don’t have to. You are in my office before I am. MS. EGAN: I know. I know. And then when you try me, I am on the phone, right? Okay, on item 690, we will be getting some money? SUPERVISOR RUSSELL: That is right. The Youth Bureau had qualified for some grant funding. MS. EGAN: Yeah. SUPERVISOR RUSSELL: This is basically an agreement with Suffolk County who, for their grant money, to use for a variety of youth programs and offset some costs. MS. EGAN: Yeah. Now, can any of that money be used towards new flagpole or where are we on that? SUPERVISOR RUSSELL: That would probably be a violation of the agreement. This agreement is to advance specific youth activity. MS. EGAN: It is earmarked. Okay, it is earmarked. Oh, 691, did you all, up there, did the Town Board take that anger management course? Hmm? All of you did? COUNCILMAN ORLANDO: And we all graduated, as well. MS. EGAN: That is what I was going to ask. Did you pass? SUPERVISOR RUSSELL: It should have been anger management but in fact it was workplace violence. And we all went, everyone was required under the law. MS. EGAN: As a citizen, am I allowed to see the test scores? SUPERVISOR RUSSELL: No test. MS. EGAN: No test? SUPERVISOR RUSSELL: No test. But certainly if we had a test, you would be entitled to it. MS. EGAN: I don’t know if I would have let you all pass. COUNCILMAN ORLANDO: It was an open book test at the end and we all did very well. MS. EGAN: Huh? Pardon? COUNCILMAN ORLANDO: There was an open book test at the end and we all did very well. July 15, 2008 Page 8 Minutes Southold Town Board Meeting MS. EGAN: Oh, now this item 694, 2280, $2,280 for a mailing. That is a lot. For the Mattituck Park district. SUPERVISOR RUSSELL: To be frank, it is a park district issue, I don’t know why the Town is weighing in with approving a bid by a printer but perhaps Pat can explain. TOWN ATTORNEY FINNEGAN: We have to do the mailing. SUPERVISOR RUSSELL: We have to do the mailing. TOWN ATTORNEY FINNEGAN: (Inaudible) We do the mailing, the costs will come out of the bond. Of course, the costs will be paid by the park district but we do the mailing. SUPERVISOR RUSSELL: We do the mailing, and will it be a town wide mailing? TOWN ATTORNEY FINNEGAN: Just the park district residents. SUPERVISOR RUSSELL: Okay. MS. EGAN: Explain that now. SUPERVISOR RUSSELL: We actually agree to, some years ago, prior to my becoming Supervisor, the Town has committed to paying part of the upgrades of lights at the Laurel field. It is $100,000 probably a little less than 1/3 of what they will have spent. We will do the mailing to the park district residents because we are… TOWN ATTORNEY FINNEGAN: The bond, the park district has to go out to bond, their portion of it and the bonds are backed by the Town. So that is why we are having the hearing, so we are doing the mailings. It is a legal requirement that every resident of the tax district gets mailed a notice of the hearing. MS. EGAN: In other words, what you are saying is because of the way it was done, you legally have to let them know? TOWN ATTORNEY FINNEGAN: Yes, you have to mail a notice to each resident in the park district. MS. EGAN: Well, you should take note of that in the future because postage and all will be going up every year. That is a lot of money. Now on item 696, $29.50 an hour. How many hours does he get? SUPERVISOR RUSSELL: How many hours? MS. EGAN: Yeah. July 15, 2008 Page 9 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: The Town Hour work hour is based on a 35 hour work week. MS. EGAN: So what does that equate to, with $30 an hour? UNIDENTIFIED: $700 a week. MS. EGAN: A week? SUPERVISOR RUSSELL: The raise is about $1.50 an hour. From the previous pay scale. This is an agreement we reached with the union for these particular positions. MS. EGAN: Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the agenda? UNIDENTIFIED: I am not quite sure that this is on the agenda but I spoke to Supervisor Harris…. MS. EGAN: Your name and where you are from. George Maltese, Mattituck GEORGE MALTESE: I apologize. My name is George Maltese, I am from Mattituck. I spoke to Mr. Harris last week regarding including a ‘No Parking’ sign on the north west corner of Sigsbee Road. We put a CVS in there a couple of years ago, I don’t have to tell you guys, I am sure you know that part, as result of which we now have two north bound lanes. The south bound lanes, which are adjacent to Dickerson’s marina, everyone parks along that road. So when someone wants to come down that road and there are two or more people lined up going north, there is absolutely no room. It is a disaster waiting to happen, there are a lot of elderly people on that block. And I mean, I have almost had accidents there myself. I cannot fit a pickup truck through there. and you know, in the winter it is bad enough but in the summer there is a lot of people, you know have the girls coming by with the phone in their hand making the turn and jamming on the brakes because they realize they can’t get through and whoever is behind them is just…. UNIDENTIFIED: How about the guys on the cell phones? MR. MALTESE: I am sorry, you are 100 percent right. You have the youngsters making the turn, male and female alike, doing the same dumb things. And you are going to have somebody that is going to get injured. You can’t fit four people up and down the block, that is the gist of it. SUPERVISOR RUSSELL: That would be parking along what is the Dickerson’s marine? Along that section? MR. MALTESE: That is correct. The corner of Route 25 to where the CVS driveway would be on that side if this were Sigsbee Road. It is about I guess, I would say 40 or 50 feet. Mr. Harris? July 15, 2008 Page 10 Minutes Southold Town Board Meeting PETER HARRIS, SUPERINTENDENT OF HIGHWAYS: About 100 feet, I would say. MR. MALTESE: Okay. Because now there is an exit for them to come out and it is, you know, two ways. You can, which is a good idea and if there is nobody parked there it would be a wonderful idea but the people park there and they are used to parking there and I don’t blame them, but at this point, someone is going to get hurt doing that. SUPERVISOR RUSSELL: Okay, I will tell you what the process is. What we will do is we will take your request, we will submit it to two different jurisdictions. One is the Southold Town Transportation, which Superintendent Harris is on and the other one is the police department because they have to go out and survey for safety issue. And I know, I used to live on Sigsbee, I know that area and that was pre CVS. I can imagine the traffic there. so, we will submit that to them and we will get their feedback as to what their recommendation would be. MR. MALTESE: I appreciate that and on Sigsbee Road and only because this hasn’t come up after I decided to come here for the first time, after the 49 years my family has been there, suddenly one needs a parking sticker to park on the block, the deeded rights block of Sigsbee Road where we have a private beach. Where we all pay $125 a year to go to that beach, now the police department has put up a sign which does not allow you to park on Sigsbee Road from Peconic Bay Boulevard to the water itself. Now I have no problem with the local residents getting the $6 sticker, I have it on my truck, it is fine with me but my problem is this, if I have 10 people come out and visit me during the course of the summer, I have been told that I have to go myself before they get here, which means during the week while I am working and spend $30 for every single person that comes here to put a sticker on their car, so they can go and park on Sigsbee Road between Peconic and the water itself to go to the beach that we already pay for. That doesn’t seem fair to me, I think there should be some and I understand that private beaches and everything are different and I have no problem with that but there should be something that you can put, perhaps like a handicap sticker, maybe everyone on the block would be allowed two for guests to come so that they could park on the block but if every time someone comes to visit me I have to pay $30 to go to a beach that I am already paying dues for, it doesn’t seem fair. I would like you to address that. SUPERVISOR RUSSELL: Okay. I will clarify. First there is fundamentally two separate beaches there. One is the road end at Sigsbee Road, that is actually a town beach. MR. MALTESE: That is correct. SUPERVISOR RUSSELL: That goes to the high water mark, we accepted that with the dedication of the road. Right to the west of that would be the Sigsbee Road association property. It is a separate property. You are paying dues for the maintenance, the insurance and the taxes on that separate piece of property. You do not need a sticker to use that, that is your purview with your own association to work out, the problem is….. MR. MALTESE: Excuse me, you are wrong. They were giving tickets to people that live on the July 15, 2008 Page 11 Minutes Southold Town Board Meeting block there. SUPERVISOR RUSSELL: Okay, let me just point out though, the issue isn’t the sticker to use your beach, the issue is the sticker to park at a town beach. Now we can address that and remove that parking sticker requirement, but then you are going to have the unintended consequence of everybody that doesn’t have a sticker rushing pell-mell to get to that beach because of the restrictive nature of our beaches. You know, it is public asset next to a private asset. I would be happy to try to sit down and try to work out some kind of parking solution… MR. MALTESE: I couldn’t agree with you more. I think you are 100 percent right. That is why I am saying the two beaches do intersect…. SUPERVISOR RUSSELL: Right. MR. MALTESE: But the majority of the people who are going are going to the private beach, so perhaps there is something as a person who owns property on the beach, you could get a sticker like a handicap sticker that I could give to my daughter if she came or my granddaughter, something like that. One or two each and after that, everybody can pay $30 a pop. Something along those lines because unfortunately it is the same street, as you say. SUPERVISOR RUSSELL: Right, you are using it for parking as well as people using it the town beach. I would ask that you can call me towards the end of the week this week and we will see if we can sit down and bring some, I have to tell you, it is a challenge legally because then what we are doing is we are conveying special interest to Sigsbee Road residents to use a public asset, even though everybody else has to pay for a sticker to use that public asset, but there is a difficulty here I know and a lot of that stuff was done, I think Sigsbee Road was probably created in the 1920’s when there wasn’t a lot of demand either in way and no stickers in those days so it sort of worked out for you. MR. MALTESE: $7,200 for the house there, Scott. SUPERVISOR RUSSELL: What was that? MR. MALTESE: $7,200 for the whole house. SUPERVISOR RUSSELL: Okay. Well, we will see what we can work out. If you want to call my office at the end of the week, we will see if we can address it somehow. MR. MALTESE: If I can just make one statement on behalf of the people down at the Cottages where I have very many friends and to paraphrase Ronald Reagan, Mr. Wickham turn on those lights. Thank you very much. SUPERVISOR RUSSELL: Okay. We had a delay with…. COUNCILMAN WICKHAM: Turn on the lights he said. July 15, 2008 Page 12 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: We had a delay with the lighting of the street lights there because the issue came back to the Town Board, the developer had put in 10 street lights. The original schematic only calls for four, I believe to my understanding they did remove the six? They left those capped. We are waiting for LIPA to energize the four lights that are there. MR. MALTESE: Okay. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any item regarding the agenda? Frank Wills, Mattituck FRANK WILLS: Frank Wills, Mattituck. 667, you say that has been tabled? SUPERVISOR RUSSELL: Yes. That is the farm stand code. MR. WILLS: The farm stand. SUPERVISOR RUSSELL: Yes, that is right. MR. WILLS: Okay. SUPERVISOR RUSSELL: We have actually recommendations coming from the Planning Board on that, we also want the opportunity to sit down with the Agricultural Advisory Committee and local business owners to try to resolve some of the issues with some of the concerns that were raised in the interest of fairness. And hopefully we will have that all resolved and we can act on that in two weeks. MR. WILLS: So there will be another hearing? SUPERVISOR RUSSELL: There would not, unless the changes were substantial there wouldn’t be a need for a hearing. Minor changes can be made to that law without having to re-notice and go to another public hearing. MR. WILLS: Mmmhmm. So can I make any contributions or suggestions specifically about the 4,000 square foot that is permitted for a farm stand. To me, that is as I said before, excessive. We have a limit on box stores of 3,000 square foot and this morning there was quite a discussion about the comprehensive plan for the Town of Southold and looking ahead with what you are facing. I think big buildings like SUV’s and other monsters or McMansions, I think are on the decline because we ain’t going to be able to afford them anymore. So to permit a farm stand to put up a building that could be 100 feet long by 40 feet wide to sell cabbages, potatoes and stuff like this, I think is excessive. SUPERVISOR RUSSELL: Yeah, we actually, I know you raised that at the public hearing, other people did on the size issue. That was one of the issues we set to the side. The Planning Board made recommendations addressing the issue of size, so we are going to see if we can try July 15, 2008 Page 13 Minutes Southold Town Board Meeting to resolve those and again, I would like a chance to sit down with the Ag Advisory Committee and talk to them about some of the concerns that were raised. But I do appreciate it. MR. WILLS: Good. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any resolution? Mrs. Egan? Joan Egan MS. EGAN: Joan Egan again, East Marion. Item 699, how many people do we have on the Ethics Board and is this a new person? SUPERVISOR RUSSELL: The Ethics Board has five. This is a gentleman who is a retired businessman from Southold, he was very impressive in his interview last year, he is actually being appointed tonight to replace the expiration of the term of Judge Tedeschi. MS. EGAN: Oh, my god. He is leaving. SUPERVISOR RUSSELL: I called Judge Tedeschi today to thank him for his years of service and commitment. MS. EGAN: Absolutely. Yeah, he is, the welcome mat is worn out. Good. SUPERVISOR RUSSELL: Well, I …. Would anybody else like to address the Town Board with something nice to say? Linda. Linda Goldsmith, East Marion LINDA GOLDSMITH: My name is Linda Goldsmith from East Marion. I just have two questions. One, the wording of the public hearing where you are talking about the whereas and about the lighting for the Laurel field. I was just concerned because it said, the $199,800 balance to be financed by the issuance of bonds of the Town. Does that mean that the Town pays for those bonds? SUPERVISOR RUSSELL: Well, if we are securing those bonds, my understanding is we probably would issue the bonds or sell the bonds to bond counsel. The park district would levy the taxes to collect to pay those bonds, their share anyway which is the bulk of the cost. It is an inter-municipal agreement. We have agreed to pick up a small cost for the lighting of the fields in Mattituck under the impression that everybody from Southold gets to join those leagues that use those ball fields. MS. GOLDSMITH: And my second question is, it is nice that we have Youth Bureau now but I am wondering if anybody went back into the archives and looked and read the enormous report that was done between, I believe it was 1988 to 1990 when there was an attempt to start a Youth Bureau but the population supposedly had to be 20,000 and there was 19,802. Some of your local employees are on it. One was Ryan Springer, the police officer, one was Cynthia (inaudible) a local teacher and it is really amazing when I went back, I have a copy of that report, Marianne Fleischmann is the one that coordinated that. I go back and read the report and the July 15, 2008 Page 14 Minutes Southold Town Board Meeting complaints and the wants and the needs are almost exactly the same. So things don’t change as much as we think but you know what? I really think if we started to address this in 1988, let’s hope in 2008 we get a little further. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? (No response) Hearing none, let’s move ahead. V. Resolutions 2008-669 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated July 15, 2008 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby July 15, 2008. ? Vote Record - Resolution RES-2008-669 ? 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 2008-670 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 7/29/08 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 29, 2008 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2008-670 ? 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 July 15, 2008 Page 15 Minutes Southold Town Board Meeting 2008-710 Tabled 7/1/2008 4:30 PM CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Police Officers William Brewer and Thomas Hudock to Attend the Annual Training Conference for the State of New York Police Juvenile Officers Association RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officers William Brewer and Thomas Hudock to attend the State of New York Juvenile Officers Association Annual Training Conference commencing on Sunday, August 24 through Friday, August 29, 2008 in Ithaca, New York. All expenses for travel, accommodations and miscellaneous expenses to be a legal charge to the 2008 Juvenile Aid Budget line - A.3157.4.600.200. Travel to be by Department vehicle. ? Vote Record - Resolution RES-2008-710 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? ??Albert Krupski Jr. Initiator Withdrawn ?? Supervisor's Appt ???????? Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Seconder ?? Rescinded ???????? Scott Russell Voter Next: Jul 29, 2008 4:30 PM 2008-711 Tabled 7/1/2008 4:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 7 of 2008 Farmstands ? Vote Record - Resolution RES-2008-711 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded July 15, 2008 Page 16 Minutes Southold Town Board Meeting 2008-671 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Set Public Hearing ForTuesday, July 29, 2008, at 4:55 P.M., for the Purchase of a Development Rights Easement on Property Owned by John A. Sepenoski and Patricia Sepenoski RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold sets Tuesday, July 29, 2008, at 4:55 p.m., Southold Town Hall, 53095 Main Road, hereby Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by John A. Sepenoski and Patricia Sepenoski. Said property is identified as part of SCTM #1000-54-3-24.1. The address is 1655 Old North Road and the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 45.9± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. July 15, 2008 Page 17 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-671 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-672 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Set Public Hearing ForTuesday, July 29, 2008, at 4:50 P.M., for the Purchase of a Development Rights Easement on Property Owned by ZIP Peconic Wells, LLC RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, the Town Board of the Town of sets Tuesday, July 29, 2008, at 4:50 p.m., Southold Town Hall, 53095 Main Southold hereby Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by ZIP Peconic Wells, LLC. Said property is identified as part of SCTM #1000-86-1-10.9. The address is 2350 Wells Road, Peconic, New York. The property is located at the southwest corner of NYS Route 25 and Wells Road in Peconic in the R-80 zoning district. The proposed acquisition is for a development rights easement consisting of approximately 30± acres (subject to survey) on the 32.83± acre parcel. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $83,000 (eighty-three thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The Town may be eligible for grant funding from the United States Department of Agriculture 2007 Federal Farm and Ranch Lands Protection Program Funding for partial reimbursement of the purchase price. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. July 15, 2008 Page 18 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-672 ? 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 2008-673 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Salary Increase for David Grote FI PT Purser WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their July 2, 2008 meeting to amend the 3 ½ % salary increase of David Grote effective June 12, 2008, 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 RESOLVED that the Town Board of the Town of Southold amends Town Board resolution # 2008-549 to increase the salary of David Grote from the old rate of $14.46 per hour to the new rate of $14.97 per hour, effective June 12, 2008. ? Vote Record - Resolution RES-2008-673 ? 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 2008-674 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Promote John Morgan to FI Ferry Captain July 15, 2008 Page 19 Minutes Southold Town Board Meeting WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their July 2, 2008 meeting promoting John E. Morgan from Purser to Ferry Captain , and WHEREAS the Town Board of the Town of Southold is required to approve promotions of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDhereby promotes John E. Morgan that the Town Board of the Town of Southold to the position of full time Ferry Captain for the Fishers Island Ferry District, effective July 10, 2008, at a rate of $18.60 per hour. ? Vote Record - Resolution RES-2008-674 ? 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 2008-675 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Hire Part-Time Deck Hand Timothy Londregan WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their July 2, 2008 meeting to hire Timothy Londregan, of old Lyme, CT, as a part- time deckhand and WHEREAS the Town Board of the Town of Southold is required to approve appointments of the employees of the Fishers Island Ferry District, now therefore be it RESOLVEDappoints Timothy that the Town Board of the Town of Southold hereby Londregan to the position of a part-time deckhand for the Fishers Island Ferry District, effective July 2, 2008, at a rate of $9.00 per hour. July 15, 2008 Page 20 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-675 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-676 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Hire Thomas Schweizer Ar Part Time Deckhand FI WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their July 2, 2008 meeting to hire Thomas M. Schweizer, of Marlborough, CT, as a part-time deckhand, 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 Thomas M. that the Town Board of the Town of Southold hereby Schweizer to the position of a part-time deckhand for the Fishers Island Ferry District, effective May 10, 2008, at a rate of $9.32 per hour. ? Vote Record - Resolution RES-2008-676 ? 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 2008-677 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Amend 2007 Appointment Thomas Schweizer FIFD July 15, 2008 Page 21 Minutes Southold Town Board Meeting WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their July 2, 2008 meeting to amend their 2007 appointment of Thomas Schweizer from “part-time” to “seasonal”, 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 RESOLVED that the Town Board of the Town of Southold amends Town Board resolution # appoint Thomas Schweizer to the position of seasonal Deckhand 2007-405 to for the Fishers Island Ferry District, effective May 10, 2007, at a rate of $9.00 per hour. ? Vote Record - Resolution RES-2008-677 ? 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 2008-678 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Diana Van Duzer as Justice Court Clerk Spanis WHEREAS Suffolk County Department has determined that no Civil Service List of Eligible’s exists for the competitive position of Justice Court Clerk (Spanish Speaking), and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill one Justice Court Clerk (Spanish Speaking) for the Southold Town Justice Court 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 Diana Van Duzer that the Town Board of the Town of Southold hereby July 15, 2008 Page 22 Minutes Southold Town Board Meeting to the provisional position of a Justice Court Clerk (Spanish Speaking) for the Justice Court, effective July 23, 2008, at a rate of $33,742.77 per annum. ? Vote Record - Resolution RES-2008-678 ? 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 2008-679 CATEGORY: Employment - Town DEPARTMENT: Recreation Hire Seasonal Employee RESOLVEDappoints the following that the Town Board of the Town of Southold hereby individual for the 2008 summer season (July 16 - September 1, 2008) as follows: STILLWATER LIFEGUARD HOURLY SALARY Kathleen MacDonald (6th year)……………….………………. $13.54 ? Vote Record - Resolution RES-2008-679 ? 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 2008-680 CATEGORY: Attend Seminar DEPARTMENT: Building Department Vicki Toth Attend Seminar RESOLVED grants permission to that the Town Board of the Town of Southold hereby Building Permits Coordinator Vicki Toth to attend a seminar on New York State Basic Code Training in Patchogue, on July 29-31, August 26-28, September 30-October 2, July 15, 2008 Page 23 Minutes Southold Town Board Meeting October 28-30 and December 9-11, 2008. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2008 Building Department budget (meetings and seminars). ? Vote Record - Resolution RES-2008-680 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-681 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Mattituck Park District Call to Order 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, New York, on the 15th day of July, 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 Mattituck Park District, in the Town of Southold, in the County of Suffolk, New York, pursuant to Section 202-b of the Town Law, consisting of the construction of sports lighting at the Aldrich Lane Fields ORDER CALLING FOR A PUBLIC July 15, 2008 Page 24 Minutes Southold Town Board Meeting HEARING TO BE HELD ON AUGUST 12, 2008 WHEREAS, the Board of Commissioners of the Mattituck Park District (referred to herein as the “Board” and the “Park District”) of the Town of Southold (the “Town”), Suffolk County, New York, pursuant to the provisions of Chapter 924 of the 1941 Laws of New York and the resolution adopted and subscribed by said Board of Commissioners on March 13, 2008, has requested that the Town Board of the Town call a public hearing to hear all persons interested in the proposed increase and improvement of facilities of the Park District, consisting of the construction of sports lighting on the property heretofore acquired and now owned by the Park District at Aldrich Lane Fields, Laurel, New York, heretofore authorized by a majority of the qualified voters of the Park District present and voting on the Proposition submitted therefor at the referendum duly called and held on May 12, 2008; and WHEREAS, a plan and report dated January 7, 2008 have been prepared by Ward Associates, P.C., engineers duly licensed by the State of New York, for such increase and improvement of facilities of the District and the cost thereof has been estimated to be $338,800; and WHEREAS, it is expected that $39,000 of such cost shall be paid from the Park District’s Operating Fund and $100,000 of such cost shall be paid from funds available in the Town of Southold Recreation Fund, with the $199,800 balance to be financed by the issuance of bonds of the Town; and WHEREAS, said Board of Commissioners, in the role of Lead Agency, has undertaken the requisite proceedings pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and has determined that the project described herein is an Unlisted Action thereunder having no adverse impact upon the environment; Now, therefore, be it ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, on the 12th day of August, 2008 at 8:00 o’clock P.M. (Prevailing Time) to consider said increase and improvement of facilities of the Park District, and the financing thereof, as described herein, and to hear all persons interested in the July 15, 2008 Page 25 Minutes Southold Town Board Meeting subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it, FURTHER ORDERED that the Town Clerk publish or cause to be published at least once in “THE SUFFOLK TIMES,” a newspaper published in the Town of Southold and hereby designated as the official newspaper of the Town for such publication, and, further, to post, or cause to be posted on the sign board maintained pursuant to subdivision 6 of Section 30 of the Town Law, and mail or caused to be mailed, by first class mail, to each owner of the taxable real property in the District, a Notice of such public hearing in substantially the form attached hereto designated Exhibit “A” and hereby made a part hereof, the first publication thereof, said positing and said mailing to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. DATED: July 15, 2008 TOWN BOARD OF THE TOWN OF SOUTHOLD (SEAL) Exhibit A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, on August 12, 2008, at 8:00 o’clock P.M. (Prevailing Time), for the purpose of conducting a public hearing in relation to the proposed increase and improvement of facilities of the Mattituck Park District, consisting of the construction of sports lighting on the property heretofore acquired and now owned by the Park District at Aldrich Lane Fields, Laurel, New York, at an estimated maximum cost of $338,800. It is expected that $39,000 of such cost shall be paid from the Park District’s Operating Fund and $100,000 shall be paid from funds available in the Town of Southold Recreation Fund, with the $199,800 balance to be financed by the issuance of bonds of the Town. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof. July 15, 2008 Page 26 Minutes Southold Town Board Meeting Dated: July 15, 2008 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville, Town Clerk Town of Southold ? Vote Record - Resolution RES-2008-681 ? 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 2008-682 CATEGORY: Surplus Equipment DEPARTMENT: Public Works Heavy Duty Utility Trailer RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Foley’s Lawn Care, 112 Henry Road, Southampton, NY 11968 in the amount of $1,200, for a used Heavy Duty Utility Trailer, deem surplus equipment by the Department of Public Works. ? Vote Record - Resolution RES-2008-682 ? 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 2008-683 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Denis Salzman as a Member of the Police Advisory Committee July 15, 2008 Page 27 Minutes Southold Town Board Meeting RESOLVEDreappoints Denis Salzman 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. ? Vote Record - Resolution RES-2008-683 ? 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 2008-684 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Town Clerk Budget Modification Fiscal Impact: This budget modification is necessary to cover the salary of a part-time account clerk who was hired to cover the vacancy created by a full-time account clerk who transferred from the Town Clerk Department over to the Department of Public Works. The money is in the Town Clerk personal services budget. It is just necessary to move the money over into the correct budget line . RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Town Clerk Whole Town budget as follows: From: A.1410.1.100.100 Town Clerk, Personal, Services $ 8,400.00 Full-Time Employees To: A.1410.1.200.100 Town Clerk, Personal Services $ 8,400.00 Part-Time Employees ? Vote Record - Resolution RES-2008-684 ? 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 July 15, 2008 Page 28 Minutes Southold Town Board Meeting 2008-685 CATEGORY: Property Usage DEPARTMENT: Town Clerk Grant Permission to North Fork Beach Volleyball to Park Vehicles of Participating Players and Observers, on Breakwater Road, Mattituck RESOLVEDgrants permission to North that the Town Board of the Town of Southold hereby Fork Beach Volleyball to park vehicles of participating players and observers, on Breakwater Road, Mattituck on Saturday, July 26, 2008 (Rain Date: Sunday July 27, 2008) and Saturday, September 6, 2008 (rain date Sunday September 7, 2008) for the purpose of holding Beach Volleyball Tournaments, and these vehicles shall be exempt from Southold Town parking fees for that day; vehicles shall display a Mattituck Park District parking permit or “Official Tournament Parking” flyers provided the North Fork Beach Volleyball organization contacts Captain Flatley upon receipt of this resolution to coordinate parking for those dates. ? Vote Record - Resolution RES-2008-685 ? 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 2008-686 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Records Management Assistant Promotion RESOLVEDappoints Stacey Norklun that the Town Board of the Town of Southold hereby to the position of Records Management Assistant in the Records Management Department of the Town Clerk’s Office, effective July 24, 2008, at a rate of $59,035.09 per annum. July 15, 2008 Page 29 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-686 ? 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 2008-687 CATEGORY: Public Service DEPARTMENT: Town Clerk Waive the 30 Day Notification for the Renewal of a Liquor License to Russell Restaurant Corp. RESOLVEDwaives the 30 Day that the Town Board of the Town of Southold hereby notification for the renewal of a liquor license to Russell Restaurant Corp. d/b/a as Founders Tavern, 55500 Main Road, Southold. ? Vote Record - Resolution RES-2008-687 ? 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 2008-688 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Sub-License Agreement Among the Town of Southold, the Suffolk County Real Property Tax Service Agency, and the New York Natural Heritage Program RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Sub-License Agreement among the Town of Southold, the Suffolk County Real Property Tax Service Agency, and the New York Natural Heritage Program , for a term that will expire on December 31, 2011, subject to the approval of the Town Attorney. July 15, 2008 Page 30 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-688 ? 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 2008-689 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Worksite Memorandum of Understanding Agreement Between the Town of Southold and the Suffolk County Department of Labor RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Worksite Memorandum of Understanding Agreement between the Town of Southold and the Suffolk County Department of Labor in connection with the work experience programs for eligible Suffolk County residents and other pertinent programs operated by the Department of Labor, for a term that will expire on June 30, 2013, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-689 ? 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 2008-690 CATEGORY: Grants DEPARTMENT: Public Works 2008 Youth Bureau Agreement RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with Suffolk County in connection the 2008 Southold Youth Services Program, in the amount of $10,449, all in accordance with the approval of the Town Attorney. July 15, 2008 Page 31 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-690 ? 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 2008-691 CATEGORY: Public Service DEPARTMENT: Town Clerk Express Appreciation to All the Members of the Workplace Violence Prevention Plan (WVPP) Committee and Training Group RESOLVED that the Town Board of the Town of Southold hereby expresses its sincere appreciation to all the members of the Workplace Violence Prevention Plan (WVPP) Committee and Training Group that includes: Phillip Beltz, James Bunchuck, Carlisle Cochran, Kieran Corcoran, John Cushman, Patricia Finnegan, Karen McLaughlin, James McMahon, Elizabeth Neville, and Jerilyn Woodhouse, who gave tirelessly of their time and energy developing and implementing a plan; training and educating the Town of Southold employees; and being available to address any issues concerning the WVPP. ? Vote Record - Resolution RES-2008-691 ? 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 2008-692 CATEGORY: Seqra DEPARTMENT: Town Clerk SEQRA for Goldsmiths Jetty WHEREAS , the Town Board of the Town of Southold (the “Board”) is aware of, has participated in the preparation of, or has prepared a number of studies, analyses, etc. over the July 15, 2008 Page 32 Minutes Southold Town Board Meeting past approximately 20 years, and WHEREAS, the Board caused to be prepared an analysis of these studies to determine the most efficient action to be taken, entitled “An Assessment of Jetty Shortening Alternatives Goldsmith Inlet, Bay, and Adjacent Shorelines,” and WHEREAS , the Assessment delineated a number of recommendations that would provide needed mechanisms to achieve the following goals: 1 To reduce the need for dredging at Goldsmith’s Inlet as a result of the jetty. 2 Tomitigate any potential adverse impacts from the reduction in jetty size to downdrift properties WHEREAS , the Board intends to implement the recommendations of the studies and analyzed in the Assessment, to advance the goals of the Town, and WHEREAS , the Board established a team of professionals to assist with the implementation of the proposed shortening of the jetty, and WHEREAS , the Board finds that by virtue of the fact that it is intended to implement one of the recommendations that was contained in the Assessment, it is consistent with the overall goals for the shoreline, and WHEREAS , the action is not expected to cause significant adverse impacts since it advances the goals of the Town; however, the action is of local significance, and does involve changes to natural resources; is an Unlisted action pursuant to the New York State Environmental Quality Review Act (SEQRA) and Title 6 of the New York State Code of Rules and Regulations (6 NYCRR) Part 617, and, lastly that the action will affect property, resources and the shaping of the shoreline’s future, and WHEREAS , the Board has the authority to effect changes to the jetty which is Town owned, subject to required permits at the Town, State and Federal levels of government, and July 15, 2008 Page 33 Minutes Southold Town Board Meeting WHEREAS , since the Board holds this authority, the Town Board declares its intent to assume lead agency status under SEQRA, and WHEREAS , based on the above facts and the Part I Environmental Assessment Form (EAF) prepared for the Board’s consideration in determining significance, the Board finds it prudent to take a “hard look” at the proposed action and hereby declares its intent to require the preparation of a DEIS, and NOW THEREFORE BE IT RESOLVEDfinds , that the Town Board of the Town of Southold that the shortening of the jetty at Goldsmith’s Inlet is an Unlisted action pursuant to 6 NYCRR Part 617 , and BE IT FURTHER RESOLVEDthe Town Board intends to assume lead agency , that, as status in review of the action and for the purpose of compliance with 6 NYCRR, Part 617, upon completion of the coordination period , and BE IT FURTHER RESOLVEDto require a DEIS upon completion , that the Board intends of the coordination period , and BE IT FURTHER RESOLVEDauthorizes the Town Clerk of the Town of , that the Board Southold to file this Resolution and the Part I EAF with the following entities in order to commence a 30-day coordinated review prior to declaring lead agency status and issuing a positive declaration: Town of Southold, Supervisor’s Office Town of Southold, Town Clerk Town of Southold, Planning Board Town of Southold, Town Trustees Suffolk County Dept. of Public Works NYS Dept. of Environmental Conservation, Commissioner, Albany NYS Dept. of Environmental Conservation, Regional Office, Stony Brook NYS Dept. of State July 15, 2008 Page 34 Minutes Southold Town Board Meeting US Army Corps of Engineers Parties of Interest Officially on Record with the Town Clerk (if applicable) ? Vote Record - Resolution RES-2008-692 ? 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 2008-693 CATEGORY: Seqra DEPARTMENT: Town Clerk SEQRA Bittner Property WHEREAS , the Town Board of the Town of Southold (the “Board”) caused to be prepared its “significant Local Waterfront Revitalization Program in 2004, which noted the subject site as a opportunity to provide additional or enhanced public access and recreational opportunity…”, and WHEREAS , the subject site is within the Long Island North Shore Heritage Area, an area “…preserve, protect and showcase the extensive cultural, natural and recreational designated to resources that make our area unique ”, and WHEREAS , the Board intends to implement the recommendations of these two plans, to advance the goals of the Town, and WHEREAS , the Board obtained ownership of the subject parcel for the express purpose of implementing the above recommendations, and WHEREAS , the Board, with the assistance of the Town Department of Public Works, has designed a plan to develop the subject site as a passive public open space, after the existing structures and bulkhead are removed to reestablish a natural pattern of beach deposition both on- site and down drift of the site, and July 15, 2008 Page 35 Minutes Southold Town Board Meeting WHEREAS , the Board caused to be prepared Environmental Assessment Forms (EAF) Parts 1 and 2, which describe this proposed development plan and analyze its potential environmental impacts, and WHEREAS , after review of the EAF Part 1 and 2, the Board finds that it does not appear that the proposed action would cause significant adverse impacts since it advances the goals of the Town, does not involve adverse impacts to natural resources, and will restore the property to more natural conditions, and WHEREAS, the Board finds it prudent to take a further “hard look” at the proposed action and thereby is preparing an Expanded EAF, which includes a more detailed description of the proposed action and additional analyses of its potential impacts (both adverse and beneficial), and WHEREAS , the Board has the authority to effect the proposed Bittner Preserve Open Space Development Project, subject to required permits at the Town and levels of government, and WHEREAS , since the Board holds this authority, the Town Board declares its intent to assume lead agency status under the New York State Environmental Quality Review Act (SEQRA) after a 30-day coordinated review period initiated on the date of adoption of this resolution, and NOW THEREFORE BE IT RESOLVED , that the Board of the Town of Southold finds that the Bittner Preserve Town Open Space Development Project is an Unlisted action pursuant to Title 6 of the New York State Code of Rules and Regulations (6 NYCRR) Part 617 , and BE IT FURTHER RESOLVED, requests input from involved that the Board hereby agencies with respect to SEQRA classification, lead agency status and potential impacts of the project, and July 15, 2008 Page 36 Minutes Southold Town Board Meeting BE IT FURTHER RESOLVEDBoard intends to assume lead agency status in , that, the review of the action and for the purpose of compliance with 6 NYCRR, Part 617, upon completion of the 30-day coordination period , and BE IT FURTHER RESOLVEDwill issue a Determination of Significance , that the Board upon completion of the coordination period and its designation as lead agency , and BE IT FURTHER RESOLVEDauthorizes the Town Clerk of the Town of , that the Board Southold to file this resolution and the EAF Parts 1 and 2 with the following entities in order to commence coordinated review prior to declaring lead agency status and issuing a Determination of Significance: Town of Southold, Supervisor’s Office Town of Southold, Town Clerk Town of Southold, Planning Board Town of Southold, Town Trustees Suffolk County Dept. of Public Works Suffolk County Department of Parks, Recreation & Conservation NYS Dept. of Environmental Conservation, Commissioner, Albany NYS Dept. of Environmental Conservation, Regional Office, Stony Brook NYS Dept. of State US Army Corps of Engineers Parties of Interest Officially on Record with the Town Clerk (if applicable) ? Vote Record - Resolution RES-2008-693 ? 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 2008-694 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Accept Proposal of Pimlico for Public Notice accepts the proposal of The RESOLVED that the Town Board of the Town of Southold hereby Pimlico Group for the production and mailing of a public notice to the taxpayers of the July 15, 2008 Page 37 Minutes Southold Town Board Meeting Mattituck Park District relating to the Town Board's August 12, 2008 public hearing on the increase and improvement of facilities of the Mattituck Park District, the cost of said mailing not to exceed $2280, which will be paid by the Mattituck Park District. ? Vote Record - Resolution RES-2008-694 ? 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 2008-695 CATEGORY: Road Dedications DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Drainage Easements Pertaining to the Following Tax Parcels in Connection with the Dedication of the Drainage Area and Recharge Basin Between Zoumas Contracting Corp. and Gendot Homes, Inc. to the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Drainage Easements pertaining to the following tax parcels in connection with the dedication of the drainage area and recharge basin between Zoumas Contracting Corp. and Gendot Homes, Inc. to the Town of Southold , subject to the approval of the Town Attorney. Suffolk County Tax Map Nos. 1000-70-3-22.1; 1000-70-3-22.3; 1000-70-3-22.5; 1000-70-3-22.8; and 1000-70-3-22.9 ? Vote Record - Resolution RES-2008-695 ? 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 2008-696 CATEGORY: Employment - Town July 15, 2008 Page 38 Minutes Southold Town Board Meeting DEPARTMENT: Accounting Jeff Standish Promotion to Parks Maintance Crew Ld RESOLVEDappoints Jeffery Standish that the Town Board of the Town of Southold hereby to the position of a Parks Maintenance Crew Leader for the Department of Public Works, effective July 1, 2008, at a rate of $29.5093 per hour. ? Vote Record - Resolution RES-2008-696 ? 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 2008-697 CATEGORY: Employment - Town DEPARTMENT: Accounting Promote Michael Gaydosik to Hwy Ladore Crew Ldr RESOLVEDpromotes Michael that the Town Board of the Town of Southold hereby Gaydosik to the position of a Highway Labor Crew Leader for the Southold Town Highway Department, effective July 1, 2008, at a rate of $29.5093 per hour. ? Vote Record - Resolution RES-2008-697 ? 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 2008-698 CATEGORY: Employment - Town DEPARTMENT: Accounting Promote Bruce Stewart to Highway Laborer Crew Ldr RESOLVEDpromotes Bruce Stewart that the Town Board of the Town of Southold hereby July 15, 2008 Page 39 Minutes Southold Town Board Meeting to the position of a Highway Labor Crew Leader for the Town of Southold Highway Department, effective July 1, 2008, at a rate of $29.5093 per hour. ? Vote Record - Resolution RES-2008-698 ? 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 2008-699 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Richard R. Prieto to Ethics Board RESOLVEDappoints Richard R. Prieto that the Town Board of the Town of Southold hereby as a member of the Southold Town Board of Ethics, effective immediately through March 31, 2013. ? Vote Record - Resolution RES-2008-699 ? 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 2008-700 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Mark Schwartz as an Architect Member and Reappoint Howard Meinke as a Community Member of the Southold Town Architectural Review Committee RESOLVEDappoints Mark Schwartz that the Town Board of the Town of Southold hereby as an Architect member of the Southold Town Architectural Review Committee, effective reappoints Howard Meinke as a Community immediately through March 31, 2011 and member of the Southold Town Architectural Review Committee , effective through March July 15, 2008 Page 40 Minutes Southold Town Board Meeting 31, 2011 ? Vote Record - Resolution RES-2008-700 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-701 CATEGORY: Letter of Credit DEPARTMENT: Town Attorney Accepts the Renewal of the Letter of Credit No. 170000360 by the Bridgehampton National Bank in the Amount of $26,075.00 for the Pending Subdivision Application of “Mill Creek Preserve, LLC” RESOLVED accepts the renewal of the that the Town Board of the Town of Southold hereby Letter of Credit No. 170000360 by the Bridgehampton National Bank in the amount of $26,075.00 for the pending subdivision application of “Mill Creek Preserve, LLC” recommended by the Southold Town Planning Board, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-701 ? 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 2008-702 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2008 Whole Town Tree Committee Budget Fiscal Impact: The Tree Committee needs to transfer money in order to pay the secretary for work done in May and June and subsequent months. RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby July 15, 2008 Page 41 Minutes Southold Town Board Meeting Town Tree Committee budget as follows: From: A.8560.4.400.200 Committee Expense $1,500.00 To: A.8560.1.200.100 P/T Employee Regular Earnings $1,500.00 ? Vote Record - Resolution RES-2008-702 ? 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 2008-703 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Lillian Ball and Monica Harbes to the Land Preservation Committee RESOLVEDreappoints Lillian Ball and that the Town Board of the Town of Southold hereby Monica Harbes to the Land Preservation Committee effective through March 31, 2011. ? Vote Record - Resolution RES-2008-703 ? 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 2008-704 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Leander Glover, Jr. to the Agricultural Advisory Committee RESOLVEDreappoints Leander that the Town Board of the Town of Southold hereby July 15, 2008 Page 42 Minutes Southold Town Board Meeting Glover, Jr. to the Agricultural Advisory Committee effective through March 31, 2011. ? Vote Record - Resolution RES-2008-704 ? 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 2008-705 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Edana Cichanowicz to Anti-Bias Task Force RESOLVEDappoints Edana that the Town Board of the Town of Southold hereby Cichanowicz to the Anti-Bias Task Force, effective immediately through March 31, 2011. ? Vote Record - Resolution RES-2008-705 ? 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 2008-706 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint M. Kurz & J. Betsch to PB&R Comm. RESOLVEDhereby appoints or reappoints the that the Town Board of the Town of Southold following members to the Parks, Beaches and Recreation Committee : Carlos Gonzalez Reappoint , effective through March 31, 2010 John Betsch Appoint , effective through March 31, 2010 Timothy Rumph Reappoint , effective through March 31, 2011 Michael J. Kurz Appoint , effective through March 31, 2011 July 15, 2008 Page 43 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-706 ? 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 Closing Statements Supervisor Russell SUPERVISOR RUSSELL: Okay, at this point, who would like to come up and address the Town Board on any issue? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. Benja Schwartz. You all know the poem ‘Casey at the Bat’…. COUNCILMAN ORLANDO: Is that because of the All-Star game tonight? MR. SCHWARTZ: Well, it is baseball season. I am not going to read it, don’t worry Scott. I just, I was thinking about it tonight and it caught my eye that it was written in 1888, 120 years ago. Still has a message though. Somebody was asking me about what was going on with the Heritage before the Planning Board, and while there was something in the Suffolk Times, it occurred to me that it might be, the Town might be better off that they could get it from the horses mouth. If there was some way on the website or something that they could find out about how things were going. That not being possible at this point, I would just like to briefly update on the Southold Town Planning Board that the Heritage Incorporated made some claims like essentially there wouldn’t be any environmental impact and we don’t need to do the environmental impact. The Planning Board bounced all those claims, properly so. They said that you need to do an environmental impact statement, the Heritage Inc. produced a draft environmental impact statement and it was deemed unsatisfactory and bounced back to the Heritage Inc. The Heritage Inc. produced a second draft which was actually just a revision of the first and that was also deemed unsatisfactory. Now the first time when the DEIS was found, it bothered me a little bit that the Planning Board didn’t really make any comments or ask any questions, at least in the open meeting. the second time, I got a very strong sense that whatever Heritage Inc. does, next time it is going to be accepted. Now I hope I am wrong. I hope the Heritage Inc. does a good job or that if they don’t do a good job, the Planning Board will have the guts to call them out, you know. They already have got two strikes. If they got a third strike, they shouldn’t get a walk. They should be out. Some much for the status of the environmental impact statement before the Planning Board. Now, I just have one other short issue here. Supervisor Russell, you said at the last Town Board meeting, nothing is a done deal. But you have been taking the position consistently, that the zoning is a done deal. That you don’t want to discuss it and that the… SUPERVISOR RUSSELL: You keep, you keep… July 15, 2008 Page 44 Minutes Southold Town Board Meeting MR. SCHWARTZ: I am sorry, if I am wrong… SUPERVISOR RUSSELL: The prospect of rezoning in the middle of an application process isn’t a shrewd legal move. There are other ways of getting… MR. SCHWARTZ: (inaudible) SUPERVISOR RUSSELL: I can’t help it. I am relying on legal counsel that does it for a living every day. I think you have to have a little more faith in the process. MR. SCHWARTZ: (inaudible) SUPERVISOR RUSSELL: What is a done deal? MR. SCHWARTZ: (inaudible) make a point. SUPERVISOR RUSSELL: Go ahead. MR. SCHWARTZ: That I think you are not just wrong, you are way off the, you know, it is absurd. The position that you are taking. So you know, I can say that, you can say that but I looked up the law and there is one case from the New York Court of Appeals, the highest court in New York State, that controls every town in New York State and it takes precedent over all of the other courts. And that case was decided in 1996 and it is very clear. I will read you a paragraph from the opinion of that case. ‘In New York, a vested right can be acquired when pursuant to a legally issued permit, the landowner demonstrates a commitment to the purpose for which the permit was granted by affecting substantial changes and incurring substantial expenses to further the development. Neither the issuance of a permit nor the landowner’s substantial improvements and expenditures standing alone will establish the right. Even the landowners actions relying on a valid permit must be so substantial that the municipal action results in a serious loss, rendering improvements essentially valueless.’ So in other words, there are no vested rights under zoning until number one, somebody gets a permit and number two, somebody takes that permit and does some construction. Does some building. So the law says that it is not too late to change that zoning. SUPERVISOR RUSSELL: Okay. MR. SCHWARTZ: Now, the longer you wait, the more of a case that could be built up. But your position appears to be something that the developers attorney might come up with which has no legal basis. It has no justification in the law. Now, you have made it clear that you don’t want to listen to me. I would be interested to hear who you are listening to. SUPERVISOR RUSSELL: Benja, I listen to you all the time. I have had you in my office, I have talked to you about a process, we have talked about this over and over and over again. July 15, 2008 Page 45 Minutes Southold Town Board Meeting MR. SCHWARTZ: Inaudible SUPERVISOR RUSSELL: It has been six years. Do you see condos going in down there? You have to have some, and by the way…. MR. SCHWARTZ: Six years since what? SUPERVISOR RUSSELL: Since the application came in. By the way…. MR. SCHWARTZ: I believe the application was…. SUPERVISOR RUSSELL: Two or three years before I got here and I have been here for almost three. MR. SCHWARTZ: No, I don’t think it has been pending that long as far as the…. SUPERVISOR RUSSELL: Well, they did a preliminary review… MR. SCHWARTZ: The fact is, Scott…. SUPERVISOR RUSSELL: No, no. You asked me but you asked me, let me answer the question. You are going to have little bit of decorum here. I will let you talk and you need to let me talk and answer them. MR. SCHWARTZ: Alright. I will just finish up and then I will…. SUPERVISOR RUSSELL: But you asked me a question and I was trying to respond. Also, you keep, you said I think erroneously on your website, that the Town Board is following my lead. Well, they haven’t yet in the two and a half years I have been here, that is the collective opinion of this entire Board. You are welcome to poll us individually. You did that with the previous Board as well. There is a course of action we are pursuing. MR. SCHWARTZ: Inaudible…. Three to three. SUPERVISOR RUSSELL: Three to three on what? The rezoning? MR. SCHWARTZ: Yes. SUPERVISOR RUSSELL: No, I think the three votes were all options should be on the table. COUNCILMAN WICKHAM: I can’t speak for the rest of the Board but I agree with everything the Supervisor has said. SUPERVISOR RUSSELL: We are… July 15, 2008 Page 46 Minutes Southold Town Board Meeting MR. SCHWARTZ: You agree that if the Town Board of, were to enact a moratorium, a pause and consider a rezoning, the developer would sue and win? COUNCILMAN WICKHAM: I didn’t say that. What he said was it would not be a shrewd move I think. I agree with that. MR. SCHWARTZ: He said it would not be a legally artful move. SUPERVISOR RUSSELL: I said legally shrewd. Tonight I used the word shrewd. MR. SCHWARTZ: Last week you used the word artful. COUNCILMAN WICKHAM: I am not going to parse words but I agree with the substance and the direction of the Supervisor’s comments. SUPERVISOR RUSSELL: We have a very good Planning Board now, we have… MR. SCHWARTZ: Inaudible COUNCILMAN WICKHAM: And… MR. SCHWARTZ: And contrary to law… SUPERVISOR RUSSELL: Can I …. Can I , well, to your legal opinion. Benja, I have got to be frank with you. We have good counsel that does it every day for a living. We are following the advice of counsel. We are doing everything we can and the fact of the matter is, it has been how long? And you see no condos there. They still haven’t gotten out of the SEQRA process. It is a long, long road to go. A few weeks ago, you asked us to buy it now… MR. SCHWARTZ: As soon as they get a permit, as soon as this approval and if it continues to proceed the way it has, it has been moving along in front of the Planning Board and that is all being done under the old zoning and the old planning which I think there has been some recognition by this Board of the fact that our current zoning and planning are out of date. I would like to see that brought up to speed before we review and approve a development of the magnitude. I mean, they are planning to put up 125 houses that are each one of them as big as any house in the hamlet of Cutchogue essentially. I, you know, maybe a few square feet difference. But we are talking about the biggest houses in town, adding 125 new houses. Right? SUPERVISOR RUSSELL: Yeah. MR. SCHWARTZ: In the, on a farm lot. SUPERVISOR RUSSELL: And I assure you, the Board doesn’t like the proposal as proposed anymore than you do. And we have ways and a process for dealing with that, which we are going through. Again, this hasn’t been skipping along the planning process, you know that is July 15, 2008 Page 47 Minutes Southold Town Board Meeting factually incorrect. They are still in the pos dec situation with SEQRA. They have a long ways to go. We have every right to require clustering and…. MR. SCHWARTZ: I am following that, I am also following the process here. SUPERVISOR RUSSELL: Okay. MR. SCHWARTZ: In terms of the process here, there are two other cases that I would just like to read one sentence from each one. These cases were decided by the Appellate division, second department which is just below the court of appeals but it has jurisdiction over the Town of Southold. So it is a very high court. And in one case, they approved of what the Town, I am not sure, this one is ‘the judicial responsibility is to review zoning decisions but not (inaudible) proof of arbitrary or unreasonable action to make that. On judicial review, the general rule is that absence evidence of illegality a court must sustain the determination if it has a rational basis in the record before the Board’ and I submit that this Board has the legal authority and also moral duty and responsibility to the people of the Town of Southold and of the hamlet of Cutchogue to rezone that property before we get an application approved. There is just one other case that came up that it was kind of interesting where the Town Board did change the zoning and the developer said you know, but I already had an approval. Well, it turns out his approval was 35 years old. And he hadn’t built it yet and so he wanted to you know, go under the same law that was 35 years ago. But this law, the Heritage, is 25 years old. The hamlet density zoning. I think it is time to change it. SUPERVISOR RUSSELL: Okay. Thank you. I will call on her first and then you, Mrs. Egan. If that is okay? Roberta Lee, Cutchogue ROBERTA LEE: Ladies and gentlemen of the Town Board, I would like to address some issues about planning and also I would like to add some remarks of my own with regarding to what Benja Schwartz just said. First of all, last, two weeks ago the Supervisor asked what is urgent about planning? SUPERVISOR RUSSELL: I didn’t ask that. I didn’t ask that. Let’s be specific with the fact that I said, what is so urgent about, that what is the urgency right now for a comprehensive master plan which was what was on the table. MS. LEE: Okay. So I synthesized it. SUPERVISOR RUSSELL: Well, it is a very big difference. MS. LEE: It doesn’t say anything more different. What is the difference? Can you point that out? SUPERVISOR RUSSELL: Yes. Planning, there is an urgent need for planning every single day. A comprehensive master plan is that collective document which will chart the future for the next 20 to 30 years. July 15, 2008 Page 48 Minutes Southold Town Board Meeting MS. LEE: Not really the issue that we were addressing and you said you didn’t see the urgency for that. SUPERVISOR RUSSELL: No, I didn’t. I asked Mr. Meinke who said there is an attendant immediate, or an urgency for it. I didn’t pass judgment on whether there was or not. I simply asked him what the urgency was so he could shed light on that. MS. LEE: Well, in saying ‘what is urgent’ about planning, that was a synthesis of what you said and essentially it is the same thing. SUPERVISOR RUSSELL: No, it is not. It is paraphrasing and misconstruing. MS. LEE: I am sorry, I don’t agree with you. SUPERVISOR RUSSELL: I do. MS. LEE: You can change purple to pink, I still see pink. The answer is simple. It is impossible to plan for the present in the future. Planning to plan next year implies the decision not to plan this year. The urgency of planning is the future will not wait until we are ready for it. A recent article in the New York Times on the energy crisis specifically gas prices and peak oil prices explain why planning must be done before it is urgent. Much of what we are seeing today could have been prevented or ameliorated had we chosen to act different, says Pete V. Domenici, the ranking Republican member of the Senate Energy and Natural Resources Committee and a 36 veteran of the Senate. It was a bipartisan failure to act. Echoes said Senator Domenici. It was a no action policy. Sound familiar, says Leon Raymond, former chief executive of Exxon Mobile who had a ringside seat for most of the energy policies debates of the last 25 years. By the time there is panic, people need to realize this, there is no quick fix on this. By the time you panic, it is way too late. Others say, although the push on capitol hill to blame market speculators rather than discuss economic realities is likely to intensify as the presidential election draws near. They believe that what the world is confronting is a momentous shift in energy supply and demand and so far that would appear to be expected. Speculation and manipulation are two different things says Mr. O’Reilly of Chevron. Most of where we are is because of fundamentals and concern about the future. Hello. Three of you on Southold Town Board are farmers. Mr. Krupski, Mr. Ruland and Mr. Wickham. As you know, you have to plan for every year. Every year brings new challenges. The cost of fertilizers, fuel and seed. The problems with labor and legislation regarding labor or the lack of it. This happens continuously all the time and we have to adjust ourselves in both our private financial planning as well as in our business planning. The Town has to do the same thing for the people who live in it. Having said that, I need to address the cause of affordable housing regarding the proposed god help us, Heritage of Cutchogue. I am appalled that the issue of the affordable housing has not been directed. I am appalled that 14 houses are supposed to be clumped together like a mini serfdom and that the people are going to be slaves. They are not allowed to use the swimming pool, they are not allowed to do this, they are not allowed to do that. That is horrible, it is the reason Mr. Wickham’s ancestors came here was to get away from that kind of life and now we are July 15, 2008 Page 49 Minutes Southold Town Board Meeting reinstituting it here? In this sacred ground of people who came and built this town and built the land? I think it is absolutely abhorrent to even begin to think that this type of discrimination can go on and I am sure that there are a lot of people who agree with me on this issue and there are a lot of people in the public spectrum who are dying to get their hands on the grip of this. I would like to see the Town Board get their hands on the grip of this so we don’t have to bring in outsiders. But I for one am ashamed that this issue has not been directed. For tonight, that is it. COUNCILMAN WICKHAM: May I respond to Roberta Lee? May I respond to the first part of your comments? MS. LEE: Which part? COUNCILMAN WICKHAM: About your perception that the Town has a very relaxed stance towards planning and that we tend to put everything off into the future and that we are not acting very…. MS. LEE: Yes. Yes, absolutely. COUNCILMAN WICKHAM: I am not going to try to tell you tonight that we are moving with great speed but I will tell you that during the work session today, the Board for the first time took up on a direct basis, the need to update and re-do the master plan of the Town of Southold. And after discussing that and three or four other initiatives in the planning domain that were currently underway, we have asked our planning staff to come back in two weeks time and give us a timetable, a road map of how we can implement this in the coming months…. MS. LEE: Okay. Excuse me, Tom. Can I just ask, I came in here at 7:50, I was 20 minutes late for this meeting. Was that made public this evening, before I came here? COUNCILMAN WICKHAM: It was during the work session, during this morning. The work session…. MS. LEE: Okay. I wasn’t here this morning. COUNCILMAN WICKHAM: The work session being the time when the Board and our staff get together and plan how we are going to do things. The evening, of course, is the formal resolutions. MS. LEE: Okay. But nothing has been said, this evening here, in front of these people about what you are talking about now? COUNCILMAN WICKHAM: No. Until you raised the question, we didn’t make it…and I am not trying to say that everything is going to fall in place just like that but I think there is on the part of the Board a recognition that we do need to move more forcefully on planning matters and in particular on the master plan for the town. July 15, 2008 Page 50 Minutes Southold Town Board Meeting MS. LEE: Fine. COUNCILMAN KRUPSKI: I think…. MS. LEE: If there is anybody else who has something they would like to say to me? COUNCILMAN KRUPSKI: I would like to respond to some of your comments also. To add to what Tom said about the comprehensive plan. The Planning staff did have a folder of 21 separate plans that the Town has previously done that they are going to use to incorporate into a new comprehensive plan. MS. LEE: Can you say that louder and again? COUNCILMAN KRUPSKI: There is 21 separate plans that the Town has already, that the Town already has…. MS. LEE: With regard to comprehensive planning? COUNCILMAN KRUPSKI: With regard to planning. All different areas and phases that we can use at our disposal…. MS. LEE: Can you tell me over what period of time that these 20…. SUPERVISOR RUSSELL: Since 1985. MS. LEE: So you are talking about something that has been going on since 23 years? COUNCILMAN KRUPSKI: A series of goings on. Right. Yes. MS. LEE: Twenty one different plans within that period of time. And what have we come up with? COUNCILMAN KRUPSKI: Twenty one different plans. MS. LEE: Well, yeah but what you know, what… SUPERVISOR RUSSELL: A lot of billable hours. COUNCILMAN WICKHAM: All of these need to integrated into a comprehensive plan and then a new zoning map and allowable uses in those zones to plan for the future of the Town. COUNCILMAN KRUPSKI: And it was laid out as a process that is begun because we have a lot of work that is done but also laid out as a rather daunting task as we look into the details of uses within different zoning districts. July 15, 2008 Page 51 Minutes Southold Town Board Meeting MS. LEE: Indeed. COUNCILMAN KRUPSKI: And we also, as far as your comments specifically about the Heritage… MS. LEE: Mmmhmm. COUNCILMAN KRUPSKI: Two weeks ago at the work session in the morning, we did have a discussion with the director of Planning about how the Planning Board has different options that they can use, even without a master plan update or a comprehensive plan. How they have different options of clustering the houses, limiting the sizes of homes. How the septic systems and possible sewage treatment thing is all addressed, so the Planning Board has a lot of tools at its disposal now to address a lot of those concerns. It is not like their hands are tied by some other formula. They have a lot of tools at their disposal. MS. LEE: Alright. Is there anybody else that would like to take me on? SUPERVISOR RUSSELL: I think you need to, well, that is a poor choice of words. MS. LEE: I am sorry. That is my choice of words. For somebody else can judge, not you. SUPERVISOR RUSSELL: Why can’t I? MS. LEE: Because you don’t have the right to. SUPERVISOR RUSSELL: Okay. Okay. Then you’re lack of artfulness would suggest that it is confrontational. MS. LEE: Inaudible SUPERVISOR RUSSELL: Understand the comprehensive plan is not that magic silver bullet that is going to make things you don’t want go away. MS. LEE: (Inaudible) talking about a magic bullet… SUPERVISOR RUSSELL: Well, it has been raised historically that well, we need a comprehensive plan now and that will somehow bring to a grinding halt the Heritage… MS. LEE: Talking about something that has been on the table for 23 years? SUPERVISOR RUSSELL: I have listened to you. Please allow me the courtesy. MS. LEE: Okay. SUPERVISOR RUSSELL: It has been raised over the last year as a strategy to somehow do away with the Heritage in Cutchogue and do away with Oki-do in East Marion. I think that is July 15, 2008 Page 52 Minutes Southold Town Board Meeting false thinking. A comprehensive plan is desperately needed but it not just going to magically make things you don’t want go away. But there is a process of trying to grapple with those challenges and we are doing that every day. Because we don’t do everything that was asked of us by you or Benja doesn’t mean we are not addressing it. We are not passive. We are very active and we meet with the Planning Board regularly and they have a lot of tools at their disposal. Again, this application hasn’t gotten out of the pos dec phase. That would suggest that we are bringing a lot to bear on the applicant. MS. LEE: With all due respect, Supervisor, life is short and art or legislature is long. But as I remember the dear nuns who taught me, the first thing they said every morning before every class was magna cum chilere tata, which means hurry up. Get on the ball. SUPERVISOR RUSSELL: Well, I think we are though. MS. LEE: Twenty three years is too long to tell me, well I can’t do it, I don’t know why it is not happening. SUPERVISOR RUSSELL: See again, the paraphrasing again, that is how you misrepresent me and that is… MS. LEE: Sorry. That might be your vision. SUPERVISOR RUSSELL: Well, it is. MS. LEE: I am entitled to mine, you are entitled to yours. SUPERVISOR RUSSELL: Sure. Well, a minute ago you just said I wasn’t. but the fact of the matter is, there is a lot of activity. MS. LEE: I said you weren’t what? SUPERVISOR RUSSELL: I was entitled to my opinion. Just a minute ago. Now, there is a lot on the table, we are going to belabor this all night but the Town Board is not a passive body. We are active. We work with the Planning Board, we know what tools they have we know what tools they need. There is a long way to go. MS. LEE: Then why isn’t through all this time when you had, the last two weeks ago, you were able to convert the General Wayne Inn into different zoning. Bingo, bongo, happens. We have been here for 10 months trying to get that zoning changed over there and inga, uh, I don’t know, can’t do it, not happening, high density is fine, from somebody who said wasn’t initially, so you know, you are looking at some pretty frustrated people… SUPERVISOR RUSSELL: Yeah because…. MS. LEE: And there are 1,300 people out there who signed petitions, who said you weren’t July 15, 2008 Page 53 Minutes Southold Town Board Meeting representing them. SUPERVISOR RUSSELL: We had 10,000 people sign the petition in support of Cross Sound ferry, to rezone that land. I don’t want to get into the governance by petition. I don’t think that is prudent. And again, we set a course of action, we have a process in place, we are following that process. We have a lot of tools available. Because you are not listening to us constantly explain it, doesn’t mean that we are not listening. MS. LEE: You have the tools, you have the money, you have the people and nothing is happening. SUPERVISOR RUSSELL: I disagree with you and that is the best I can do. MS. LEE: Okay. Fine. Me too. Good night. SUPERVISOR RUSSELL: Mrs. Egan? Mrs. Egan has been patiently waiting. Joan Egan JOAN EGAN: Joan Egan. I am very easy after that. Relax for a minute. Smile over there. COUNCILMAN RULAND: Yes, ma’am. MS. EGAN: Okay. I noticed and this is for the second time, no one from the newspaper is here. I don’t see the Suffolk Times, I don’t know if they were here the last time either, and no, I don’t think so. So they are still our newspaper for notices, legal notices. Correct? SUPERVISOR RUSSELL: Yes, Denise Civiletti, the executive publisher, was actually here today covering the work session. And this is actually available on the… MS. EGAN: Excuse me, I am not finished. SUPERVISOR RUSSELL: Oh, I am sorry. You are right. MS. EGAN: I know they were here for the work session. I saw them. But you know, it is not quite the same, if you are a newspaper reporter or a writer or anything. You have got to be here to get the feel for it. Not the work session. The real thing. And unfortunately, we don’t have another newspaper that charges money so we can run it. So the Suffolk Times, I hope is watching on their computer and getting a wake up call. Okay. Now, how is our code enforcer doing and is he getting any help from the building department? SUPERVISOR RUSSELL: We had a long discussion today about code enforcement, various aspects of it. As we look to his retirement in November, we are hopefully going to be undertaking some re-organization that will require more accountability with all offices, not just one office. MS. EGAN: Yeah, like the building department and what other ones? July 15, 2008 Page 54 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Well, I would say that everybody in Town Hall has got a responsibility to help us enforce the code. MS. EGAN: Oh, I said that the last time. Yeah, right. Are you quoting me? SUPERVISOR RUSSELL: Uh, yeah. I didn’t footnote you but I did quote you. I think it is called plagiarism. MS. EGAN: Good. I did also notice, oh, I did want to ask this. It is probably not that pertinent but we don’t give out private, you know, people want a mailing and we don’t give out our mailing list from the Assessors Office or the Tax office, do we? SUPERVISOR RUSSELL: They are actually eligible under the Freedom of Information law. The tax roll is a public document and all of that is available to them. MS. EGAN: They have to… SUPERVISOR RUSSELL: File a FOIL. MS. EGAN: Photos of it, they can do whatever they want. SUPERVISOR RUSSELL: No, they can actually get it, it is available on a computer disc and they can file a FOIL request and secure part of the roll or the whole roll. MS. EGAN: Okay. I also did notice and I had spoken about this before and it is still up, you th have a banner up here across the road, the 4 of July annual Southold you know, I thought we were going to try to do away with those because with the cell phones going and people on the cell phone, they are trying to read that. First off, it is obsolete, you know, it is now what the 11, th 12, 13, 15 of July. So why is it still up? SUPERVISOR RUSSELL: I wouldn’t begin to address that. That would be under the bailiwick of the State DOT and Superintendent Pete Harris. MS. EGAN: Who? SUPERVISOR RUSSELL: The State Department of Transportation because it is a state road and then Superintendent Pete Harris. I have to say I hope they don’t do away with the banners. It is one of the charming aspects of driving into Southold. MS. EGAN: No, I don’t like them. I think they are very, very dangerous. Other places aren’t doing them, they are doing them in a nicer, less distracting way. I really feel that very strongly. So, of course, you know my usual about cell phones. If you expect me to say something and we will have another pop quiz in a few weeks. SUPERVISOR RUSSELL: Thank you. July 15, 2008 Page 55 Minutes Southold Town Board Meeting MS. EGAN: Thank you. SUPERVISOR RUSSELL: Nancy, did you want to go next? UNIDENTIFIED: Inaudible Nancy Swastynowich, Cutchogue NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz of Cutchogue. The whole thing, I wasn’t here for the last meeting. Does this Board know that if we do not have an updated master plan or a vision for the future, if we are taken to court and it is not updated for 10 years, we will lose. Does everybody know that? SUPERVISOR RUSSELL: Well, what would be the vehicle for taking us to court? MS. SAWASTYNOWICZ: I am just saying anything. SUPERVISOR RUSSELL: Rezoning? MS. SAWASTYNOWICZ: Well… SUPERVISOR RUSSELL: There you go. That is a problem. MS. SAWASTYNOWICZ: Well, if we had an updated master plan, we would win. SUPERVISOR RUSSELL: Depending on the circumstances. MS. SAWASTYNOWICZ: If Southold Town is not going to plan this year, then there should be a moratorium so there will be no unplanned development. Otherwise, unplanned development such as the Heritage at Cutchogue will result in significant destructive changes to our community. We need to plan and legislate before, not after, permitting development. I mean, I know it is like flogging a needle with this Heritage thing but it will really, really ruin our whole Southold Town. I see people that I know on the road on the weekend, and they are all so frustrated because they can’t get out of their street, there is so much traffic and I think we have to put a limit. I know the water authority in the past has said there is enough local water for what is already here. No more future development. So, it is just we have to really take a serious look and I just wanted to mention a few things here. On January 11, 2008 in Dan’s paper, they interviewed you, Mr. Russell. SUPERVISOR RUSSELL: EJ Clemente. MS. SAWASTYNOWICZ: Yeah and I will just read a couple of things. Well, he is quoting you. He loves where he lives, respect his neighbors and is a regular guy who cares for the long term on what happens to the Town where he grew up and where his young son and daughter will grow up. So we know you care, we know it is hard and I am so glad that we are now talking about a master plan and then you go on and say, your first list of work would be the master plan, July 15, 2008 Page 56 Minutes Southold Town Board Meeting when you become in office. This is a document 25 years in the making along with Mark Terry, Mr. Russell intends to tweak it to reflect the best interest of the Town of Southold and its future. So I am just reminding you of that wonderful quote because I think that is great and I don’t know, you said something else like third on your list was the concerns for the small business owners of the north fork, who are the backbone of the local economy and I guess you are working on that by doing the farm stand thing and then your fifth goal was the completion of getting Peconic school. So you started with number five first. Now I am glad we are going to start with number one. Thank you very much. SUPERVISOR RUSSELL: Would anybody like to, Marie? Marie Domenici, Mattituck MARIE DOMENICI: Good evening, Marie Domenici, Mattituck. No relation to Peter Domenici. I am before the Board for two, well one if for a little guidance. I live in the community of Farmveu and down Aldrich Lane is the truck traffic lane. Now it is my understanding that the truck traffic lane was I guess directed down there because when they were finishing the overpass or refurbishing the overpass and on the Main Road, that the truck traffic was kind of diverted down that road. I was wondering is there an opportunity to re divert that traffic back to the road that needs to be traveled by truck traffic? COUNCILMAN WICKHAM: Can I respond to that? SUPERVISOR RUSSELL: Sure. Please. COUNCILMAN WICKHAM: That question has come up before the transportation commission from time to time. And as you are heading east on Route 25, there is a truck detour sign, truck 25 going up Aldrich, sign that says to do that. Any normal trucker would assume that the reason for that is because there is a low bridge ahead. And indeed, the railway overpass used to be a low bridge. It is no longer low. It is now 13 feet 6 or 7 or 8 inches. It is the full regulation height. And so we have asked to put a sign on it that says 13’6” so that trucks will understand that and get rid of the sign that diverts truck traffic up Aldrich. And we have asked on several occasions, our Town Engineer has put in a couple of phone calls. We have asked the DOT several times to regularize this. The word I got back just a couple of weeks ago was, I am sorry, we decide how things are done and as far as we are concerned, the signs there are just right and we are not going to change anything. That was the blunt response of the New York State Department of Transportation. I have been mulling over in my own mind how we should deal with that. Maybe Pete Harris in the back there, would have some better idea of how to deal with it. But I agree with you. In fact, I think it is unsafe because a truck heading under that bridge really doesn’t know whether it is 13 feet 6 or not. There have been trucks that have gotten stuck, hit that bridge. I drive trucks from time to time. I have had to virtually stop right under it to be sure that I am not going to hit it. I think that is very dangerous and I think the state has the responsibility to deal with it and they have consistently evaded that responsibility. MS. DOMENICI: Thank you for the explanation. COUNCILMAN WICKHAM: Pete used to work for the state DOT and he might be able to put July 15, 2008 Page 57 Minutes Southold Town Board Meeting some additional clarity to the situation. SUPERINTENDENT PETE HARRIS: The bridge, I believe, is currently 14 feet in height after they raised that railroad bridge, oh, I am going to say probably 20 years ago now. Because there used to be multiple tractor trailers, the truck route, as Tom stated used to be Aldrich and Factory Avenue in Mattituck there, they had to go around and there were multiple, multiple vehicle accidents. Got wedged up underneath the bridge, ripped the roofs out of semi-trailers and as I was an employee for the State Department of Transportation at that time I believe Joe Sawicki was our man in Albany and I said to Joe one day, Joe, what is it going to take? Is it going to take somebody getting killed underneath that trestle before the state does something? Well, guess what? Two people were killed, not just one. A lady and the driver’s little girl, they came out of I think Ontario, Canada. Had delivered peat moss to Landscape Adventure and inadvertently when he left, he went east instead of west and he found himself on 25 and the fact that the way the abutment is on an angle that when his trailer caught it, it slid him and it turned it sideways on its side and a gentleman from Jamesport, O’Neill, the lawnmower person, he drove right through the cab of the truck and into the trailer. And it was amazing, within six months after that, it had been raised but for whatever reason, the State Department of Transportation refuses to put a sign stating right at the bridge, what the height is. They refuse to put a height on the sign, like Tom said, where it says truck detour. They call it a truck route. New York State Route 25, truck route, they are using Aldrich Lane. I will put a call into Marc Alessi’s office tomorrow and see if that our state legislator can’t assist us but there is no, there is no reason why any truck of legal parameters cannot make it underneath there. But the fact that, being also a member of the Transportation Committee, they flat out refused to put a sign there. That is a little case history of that. COUNCILMAN RULAND: I think Pete, you will find that if you get them to talk to you, that there policy is that they only mark low bridges and that every other bridge is unmarked on a state highway is deemed 14 feet. Except on an interstate where…. COUNCILMAN WICKHAM: Then they ought to get rid of that sign that says a detour. SUPERVISOR RUSSELL: Or get rid of the sign that advertises the bank on it. MS. DOMENICI: Thank you. Thank you for that explanation. Hopefully maybe Assemblyman Marc Alessi’s office can help us try to divert that traffic back to where it used to be. My second question is, I understand that at the work session today that there was I guess discussions about Plum Island upgrade. And although I know your position on it Scott, I was wondering has the Board taken a position on it and if so, what is the position of the Board members? SUPERVISOR RUSSELL: As a Board we did not develop a consensus and the only consensus coming out of the work session was that as singularly elected officials, that each of us can assert our position, our opinion on it as we see fit but rather, we wouldn’t have a position to issue jointly, collectively as a Board because of the issue and different opinions and different points of view on the issue. July 15, 2008 Page 58 Minutes Southold Town Board Meeting COUNCILMAN KRUPSKI: If we had to make a decision on any part of that, we certainly would come to a consensus and make a decision but you know, minus that, then it is all I think, personal opinion. And we had quite a discussion and lack of knowledge, too. Right. to make a decision, we would have to, I know I would have to have a little more information on exactly what the implications would be. MS. DOMENICI: Okay. Are any of you planning to be at the next Plum Island meeting on August 12 at Greenport school? th COUNCILMAN WICKHAM: August 25, isn’t it? thth SUPERVISOR RUSSELL: It is August 12. The 25 would be the last day they will accept public comment. They will close that public comment August 12. I will just say in getting (inaudible) to Melanie’s request of two weeks ago, I reached out to the director of Plum Island and asked him if they would come over here with learned people, not the people they sent last time to answer the questions that had been asked at the last (inaudible) public hearing that was here, a lot of questions got asked about the Island in its current function and they weren’t answered. So I asked if they would participate in a public forum so those questions can be thth raised, the answers can be satisfactory. I asked them about perhaps the 30 of July or the 5 of August. They will get back to me whether they will participate in that or not. Absent them, I would be hard pressed to answer a lot of the questions that Melanie and others had raised over the last several months in terms of their current operation. The employee census, how many from Long Island, how many from Southold? I would need their participation to get to those basic questions. MS. DOMENICI: Okay. So I will look forward to seeing everyone there. th COUNCILMAN RULAND: If it is in fact, August 12, we are here with…. SUPERVISOR RUSSELL: That is one thing, that is right. Ruthanne did mention that. COUNCILMAN RULAND: If it is in fact… th MS. DOMENICI: It is the 12. th SUPERVISOR RUSSELL: You know, the 12 will be a 7:30 meeting. MS. DOMENICI: Yeah, it is. SUPERVISOR RUSSELL: Oh, okay. It gets even better. I will send someone to represent me, at least, resubmit my position from the first hearing. Prior to the EIS. MS. DOMENICI: Okay. Thank you. SUPERVISOR RUSSELL: I will send Eric. They won’t know the difference. Melanie? July 15, 2008 Page 59 Minutes Southold Town Board Meeting Melanie Norden, Greenport MELANIE NORDEN: Melanie Norden, Greenport. Let me just say I am very disappointed that none of you consider this an issue about which you can have anything other than a personal opinion. I don’t think being an elected official is a blank check. And it is certainly not a blank check when it comes to an issue that I think is so significant. So I don’t understand, I understand that we elected you to make your very best decision and we have trust and faith in you. but that doesn’t mean that as elected officials you don’t define a position on an issue that really is critical. Now we may disagree with your opinion but I don’t really understand why all of you can’t issue an opinion. So please, can you explain that a little bit to me? What personal opinion is as opposed to being an elected official? We are not asking necessarily for your personal opinion, we are asking for your professional and elected official opinion in terms of the impact of the bio- level upgrade at Plum Island? The impact on the Town of Southold and how you feel about it? SUPERVISOR RUSSELL: Would you like me to start? I actually issued my opposition to it, several pages. MS. NORDEN: I understand that. SUPERVISOR RUSSELL: You know, I won’t answer for the rest of the Board members but to be honest, we had a pretty good discussion about it today and there wasn’t a clear consensus on singular position. Like I joked today, I am happy to come to consensus provided you all agree with me. That’s, I think each Board member has a nuanced position on it and the reality is, we don’t have a legislative oversight here. I think the Board felt that as elected officials, they should stake out there positions based on what their opinion is on the Island. We don’t have a legislative opinion, we don’t have a legislative review or role here, so there would have been a fruitless effort at…. MS. NORDEN: Well, I am not one hundred percent sure. I mean, does Tim Bishop have a legislative role? Does Hilary Clinton? Does Chuck Schumer have a legislative role? SUPERVISOR RUSSELL: They do. COUNCILMAN KRUPSKI: On the national level…. SUPERVISOR RUSSELL: They absolutely do. MS. NORDEN: On a national level but I mean, they have also expressed an opinion. Anyway, I just want you to know that I find that disappointing. And I am a little curious as to why that is. And I am not even asking for a consensus but like anything else in life, without taking a position, the assumption is that in point of fact, you approve. It is a tacit assumption. Because you are not opposed to it. It is construed and maybe rightly so, that the Board actually supports it. Now I am going to tell you some of the things just very briefly, that really concern me about Plum Island and this is from, I don’t know if any of you looked at the DEIS but Congress appropriated money for site selection and there was a whole process involving site selection committees and blah, blah, blah and probably several million dollars for people to talk over a three or four year July 15, 2008 Page 60 Minutes Southold Town Board Meeting period, to analyze such things as proximity to research, capabilities, proximity to the work force, this is in terms of what sites might be selected. The criteria for selecting sites, acquisition, construction operations and community acceptance. Now through that entire process, the evaluation criteria were intended to insure that the NBAF, the upgrade that is, would be located in an environmentally suitable site that meets the purpose and needs of the project. Now unfortunately there were five sites. Plum Island was never part of any portion of that discussion. All of the people that met and talked about the suitability of sites and all the reasons thereof, Plum Island got tacked on at the end. And that is a really serious concern because that means that all the things that that body of elected or non elected officials or appointed officials considered and we can debate whether those appointed or elected officials that talked about it had specialized interest or abilities but nevertheless, the government instituted, Congress instituted the process and that process was short changed because at the end, Plum Island was tacked on. So although it was not part of the competitive site selection process, which went over a two or three year period in which was an in-depth analysis, Plum Island was also determined to be a reasonable alternative site for the study in the EIS, making a total of six sites for consideration. Now none of the things such as insufficient community support or community acceptance none of that was considered because in point of fact, Plum Island was not in any way considered in part of that process. Some of the reasons why that is a concern is that this site selection committee and within all of these discussions, also looked at such things as evacuation planning, whether there was an evacuation plan, whether the general populace could be evacuated, they were concerned about earthquakes, all sorts of other stuff. Plum Island, in that discussion, was never considered. So the people that were experts in the process of site selection, never looked at Plum Island in any in depth way at all. And I wondered if anybody can tell me the single most compelling reason why Plum Island would be a site of preference for the Department of Homeland Security. From their perspective. SUPERVISOR RUSSELL: I can’t. MS. NORDEN: Okay. I will tell you the main reason. Every other possible site selection is not owned by the US Government. So every other site of hundreds of acres of extraordinarily expensive property would need to be purchased by the US Government with the exception of Plum Island. And if you want to look at this from an economic perspective, you can probably figure out why Plum Island was tacked on in addition to this and why that would be a compelling reason for the US Government to upgrade Plum Island. We are talking millions of dollars in land acquisition. And there are so many reasons to take more of an in depth look at this. But I would like to encourage each of you whether you can attend the meeting, to read the GEIS and to think a little bit more seriously and more in depth because I know that people say we are not going to have it here, it is not going to happen. Tim Bishop says it is not going to happen, this one says it is not going to happen but think if the millions of dollars, I don’t even know how much we are talking, I mean because all of the other sites are hundreds of acres of either Texas farmland or Atlanta blah blah. All of those other properties need to be acquired at the expense of the US Government. And if you have any sense of how the US Government works, Plum Island is a steal. It is a real economic advantage. So I don’t know really what to say except that I must say that without taking a position, you have actually tacitly approved the project and approved the upgrade and I can’t understand why something that has so much significance would be July 15, 2008 Page 61 Minutes Southold Town Board Meeting something that you don’t want to have a position on. Let me also reassure you that if anybody argues for economic advantage, we know already and it has been actually demonstrated time and time again that all of the professional positions, the positions that are best paid with the best future are all occupied by people who are residents of Connecticut. That the amount of money that Plum Island spends on the north fork or in the Town of Southold or even on Long Island is negligible by comparison to the amount of revenue that is spent in Connecticut. So if any one of you argues for the economic advantage of Plum Island, I would love to hear dollars and cents what you are talking about. Because not too long ago, there was just a few hundred employees and very few of them were from the Town of Southold. So, what I am asking you to think about is your township. And to look at it from an economic perspective but to have the facts and figures before you make your decisions. Now I have since got an e-mail about these issues, about the economic advantages and disadvantages, who is going to be employed, who isn’t? Even with construction updates, most of the taxes that Plum Island will generate and they talk about taxes to county and state and local government, all are going to go to Connecticut. Much of the construction of Plum Island, if you are thinking that in fact local contractors will benefit from an economic upgrade to bio-level safety 4, think again. The history of Plum Island is that the monies that are spent by Plum Island are not spent on Long Island or on the north fork. So I want you to seriously consider that information and maybe we can get from Plum Island some real dollars and cents before that meeting because that is an argument that I know that many of the elected officials might want to make, an economic argument but I think it will be defeated by the information we receive from Plum Island. So I hope we can have that meeting and I hope you will think seriously about the impacts of Plum Island and not just hope and pray that this will maybe go away in the new administration. Thank you. COUNCILMAN ORLANDO: We discussed that today in the work session. We started to talk about it, the Supervisor explained his opinion on the way he felt. Councilman Wickham did and so did I but it didn’t go any further than that but I was opposed to bio-level 4, I talked about the difference between bio-level 3 and bio-level 4 where 3 is strictly research and development and concentrations on animal disease whereas bio-level 4 affects the health and danger of death in humans. MS. NORDEN: Right. COUNCILMAN ORLANDO: With no contingency plan to get off the island, we knew that from Shoreham, we know that from hurricanes. I have worked on that island many times with my company, it is great island, they run a tight ship. The bio-level 3 I think is fabulous there, I don’t think they will shut it down if they don’t approve a 4. I wouldn’t want, some of my friends do work on that, to lose their jobs but I also don’t think the health and safety aspects of bio-level 4 is… MS. NORDEN: No, I agree. I am making that point. I am not addressing the existence of Plum Island per se, I am addressing the upgrades. COUNCILMAN ORLANDO: For the upgrade, I don’t feel that the risk is worth the upgrade here. July 15, 2008 Page 62 Minutes Southold Town Board Meeting MS. NORDEN: Well, thank you for sharing that. COUNCILMAN ORLANDO: That is just my opinion, that we talked about today. MS. NORDEN: Right. Right. Marie Domenici SUPERVISOR RUSSELL: Marie? I will call on you but you have to call my wife and tell her I am really at a meeting. Come on up. MS. DOMENICI: I am sorry and America thinks you have talent is on and I really need to get home for that. SUPERVISOR RUSSELL: Go ahead. MS. DOMENICI: Okay. And I won’t take long and I know, Scott, you and I have talked about this but aside from the points that Melanie brings to the table, I will bring you some thoughts that a resident in Marieland and it may be the only place that it is resident but about Plum Island, I have grave concerns about the fact that every day they are incinerating animals because they used them for whatever testing purposes, whatever they are used for and once they are done with them, they have to get rid of them. So they incinerate them. So that is done every day. I am concerned about the air quality that we are getting, not only here on the north fork but wherever it goes, south fork, Connecticut. It doesn’t matter. At the end of the day, people may be at risk and I would like to see a regular weekly, monthly, I believe Plum Island tests regularly. The state on the other hand, does not test as regularly. I would like to see a regular air quality report done weekly where it is sent to perhaps the Town of Southold for someone to ensure that we are not looking about something that might have happened two or three weeks ago that may have been one of the oops factors. And I am big in Marieland on oops factors and I have said this at previous meetings, that is why accidents are called accidents and not appointments because we don’t know what if. Having said that, air quality to me is really, really important and I think there should be some communication between Plum Island and the townships that have…. COUNCILMAN KRUPSKI: Do you mean the soot or actually the pathogens that could be transmitted… MS. DOMENICI: Doesn’t matter. Pick a reason. SUPERVISOR RUSSELL: I actually took, when I had taken Melanie’s lead and contacted them, and frankly a lot of the questions you asked me I wouldn’t be in a position to answer without their cooperation and participation. I faxed her questions and I also faxed over your op ed piece and said these are the issues that need to be addressed. Now of course he said, well, we incinerate at 1600 degrees and pathogens can’t live in that environment but when we had a public hearing here a year ago, some of these very basic questions weren’t answered, so let’s have a do over. Come over here, we have two separate issues: the upgrade to a bio 4 and the existing facility. I have to be proud of being, I grew up around Plum Island with a lot of my July 15, 2008 Page 63 Minutes Southold Town Board Meeting friends and family working there, I have always been, I think it is a sterile organization, I love the island as a bio 3. I am violently opposed to the bio 4. they are two separate issues to me. But those questions are legitimate and they do need to be answered. Whether it goes to a bio 4 or not, some of those basic questions the public has a right to know with regularity and with clarity. MS. DOMENICI: I appreciate that. And on the other, and I am kind of using this forum as an education process for the three gentlemen who you know, right now don’t have a lot of knowledge in this respect but as it relates to Plum Island. I have concerns about how, I don’t know if you know how they transport these pathogens. They come from let’s say Africa and they are shipped into Kennedy Airport and then a Fed-Ex driver picks up the hazmat box and he drives through Queens, Nassau and Suffolk county to get this pathogen to Orient to take a ferry over to Plum Island. Now, I am not a terrorist and nor am I a terrorist wannabe, but after 9/11, I think we all have to be a little more cognizant of what can happen and if somebody chooses to you know, roll the Fed-Ex guy and take a pathogen, several pathogens, maybe not even knowing what they have and do something that, you know, in the terrorist mind set any dead American is a reason to celebrate. So needless to say, those are my concerns and again, they are resident in Marieland, so I don’t know if other people would feel the same way. So that is my reason for kind of coming…. SUPERVISOR RUSSELL: Those are the questions that I want them to address and under their current scope, they do not study pathogens that would, humans don’t get foot and mouth. The upgrades would present that risk not the current. COUNCILMAN KRUPSKI: It’s all the pathogens coming in from Kennedy Airport that aren’t in hazmat boxes that concern me. SUPERVISOR RUSSELL: That is what I e-mailed them, I said, well there are more pathogens outside that truck than inside that truck. But at any rate, that is all legitimate stuff that should be answered in a public forum and they will contact me to let me know if they will commit to that. MS. DOMENICI: Okay. Thank you for your time. SUPERVISOR RUSSELL: Thank you. Mary Curry, Cutchogue MARY CURRY: Good evening. Hi, my name is Mary Curry, I am a resident of Cutchogue and I wasn’t going to speak tonight but I feel like speaking and telling you guys a couple of things. Not telling, sharing. First of all, I would like to say thank you for preserving the land on Paradise Point Road last month or whenever you did it. What a magnificent place to save and I am hoping that the same thing can happen in Cutchogue with the Heritage land or whatever is going on. I don’t know what your job entails but I know that I love where I live and I want to live there pretty much what I consider the rest of my life and I don’t think that I have ever felt that way about, I know that I haven’t about anywhere else I have lived. I have lived in the city for the last 14 years. I watched my community change from a long line of three generations of families that came over to Ellis Island, switched over night almost to predominately rich July 15, 2008 Page 64 Minutes Southold Town Board Meeting neighborhood and people were moved out. I lived in Africa in Keboise, Kenya which now people are leaving because of warring factions going on there. I don’t want to see the change that I believe condos could bring to Cutchogue and how many units there are. I am not opposed to people moving into Cutchogue, I am a recent resident. But I would just like to share with you what I do like about Cutchogue and what I am afraid of losing and maybe my children losing. First of all, I love our post office, I have never been to a finer post office than the one in the world. They are kind, they are always friendly, they are always on the mark. Downs Farm Preserve, another fine deed that somebody you know, ah, sorry, I am not a very good public speaker. I live on Fleets Neck, so Fleets Neck beach to watch the sunrise and moon set and to be all alone while I do that, it is incredible for most days. You know but Wickham’s fruit stand, thumbs up. King Kullen, the prices are high but I always have a nice conversation, the girls are always nice. Clean. The diner, where else can you go that is so cute? And friendly and good food, right? The sound down where the Beachcomber motel, I don’t know if it is still the Beachcomber. Watching the men fish at the very end. That is just, well, the cut flowers on an unnamed road where you leave money in a deposit box. I don’t know if they can get in trouble for that…. SUPERVISOR RUSSELL: Oh, is that your stand, Albert? COUNCILMAN KRUPSKI: You don’t get in trouble unless you don’t leave the money. MS. CURRY: And who do you get in trouble by for that? Not for nothing but the teenagers in my community are pretty stellar. I mean, somebody came to my house last week and I met a couple of my cousins and their friends and referred to them as Disney kids. Which is a pretty high compliment, I think. The same person also complained about our liquor store closing early. How can a liquor store close so early? Whatever day it was, I don’t go to the liquor store. But that is what I like about my community. A liquor store that closes early. Nobody is out partying, there aren’t, you know, locals aren’t drunk driving through my neighborhood, you know, down my street. The Farmers Bar, I miss it, I hope something in the way of good food opens there or something better, like a community center or who knows? Potentials and possibilities, right? I see you know, nothing against summer people because I used to be one, but my two beaches that I live near, the garbage cans in the summer time are overflowed, or people just drop their garbage off and there is no caring about the environment it seems like and when I think about people coming in from out of town into condo units, which my grandma lives in condos, I mean you know, we don’t want, I definitely could use some wall to wall carpeting or whatever they are getting but there is a special caring that goes on in my neighborhood and my community that is what keeps me there. you know? It is not just the land which I mean, Einstein used to sail in the waters you know and somebody told me that he spilled 1/3 of his ashes in my bay, I am not sure but that is pretty incredible, genius. And speaking of Einstein, a little note that I have, there is a whole theory or quantum mechanics, quantum physics, that you know, I always hear on NPR being, where they talk about weather being controlled by social consciousness or personal consciousness if you are alone, there is something to the fact that I live in the sunniest place in New York and I would be really sad to see that become not so sunny and I will leave it all alone, I think, at this point. But thanks again for the Paradise Point Road and you said we have a long way to go, you have a long way to go in this decision making process and I hope the outcome is July 15, 2008 Page 65 Minutes Southold Town Board Meeting the same because it is a very special place. And my neighbors rock. SUPERVISOR RUSSELL: Thank you. MS. CURRY: Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Linda? Linda Goldsmith, East Marion LINDA GOLDSMITH: Hello, I am Linda Goldsmith from East Marion. I know that you have, Supervisor Russell, a meeting with the MTA on Thursday evening…. SUPERVISOR RUSSELL: I am being fitted for a kevlar vest as we speak. MS. GOLDSMITH: Well, I will not be able to be there, I am sorry. SUPERVISOR RUSSELL: Then I will cancel the vest. MS. GOLDSMITH: Well, I don’t think you should. SUPERVISOR RUSSELL: I am just kidding with you. MS. GOLDSMITH: Don’t think you should. I do have a couple of concerns and we have talked about these in East Marion for a long time and I am going to again bring them to your attention, especially now that lighting is going to be going on Aldrich field and there is talk of a skate park. seven years ago, we spoke to the Town Board and they agreed to lease the Oysterponds school, school house park, the lease was signed over six years ago. The park is still not complete. Yes, things have been done, the tennis court has been refurbished, the fence has been put up, the basketball court has been refurbished but we do not have a playground. We have some little things that you can jump on I guess. I don’t know what they call them, little ducks. You know, they have big springs. I don’t know what exactly they are. We have some swings. Martha Tuthill, Sara Gustaveson Olson, Kim Prokop, me and I can’t remember who, uh, Jim McMahon met many times and came up with a playground plan. For some bizarre reason, the swings did not go where they were supposed to have gone and where the playground was supposed to go. But we can work around that. So I would like to know, we understand it is not a question of money, so we are going on almost seven years, folks. What is the problem? What is the problem? SUPERVISOR RUSSELL: It is the… MS. GOLDSMITH: Oh, by the way folks, this is not an Orient-East Marion park. this is a Southold Town park. on any day you will see someone from Laurel or Orient or anywhere playing tennis on the tennis courts, which is great, which is wonderful. The Little Leagues from all over use the fields, but what is the problem? I don’t get it. SUPERVISOR RUSSELL: It is a very good question. It is the question I ask them every time you come to see me over that. I am very frustrated at the pace… July 15, 2008 Page 66 Minutes Southold Town Board Meeting MS. GOLDSMITH: Because you only have a 10 year lease, folks. You know, we have all these wonderful improvements. We may just take it back and say you know what? It is not going to be a Southold Town park anymore. Southold Town invested all this money, maybe as I feel, tough on you. Excuse me, I am not on the school board anymore but that would be my recommendations. Okay, so anyway, seven years guys. COUNCILMAN ORLANDO: Was there an agreed plan? MS. GOLDSMITH: Yes, there was. SUPERVISOR RUSSELL: There was. There was, with some fencing and other issues that have not taken…. MS. GOLDSMITH: No, the playground itself was sent to wherever, the county, to be approved and supposedly it wasn’t approved because this was not comparable to this and Jim kept saying that we could just pick one playground, it will be approved and we will do it. We will do it. Well, you know, I was president of the school board five years ago and it was supposed to be in by the end of my term. Well, that was five years ago so, I don’t know, I don’t understand this. I am really getting frustrated with it. COUNCILMAN ORLANDO: I will look into it. I am the liaison to the Parks and Recreation th Committee. We meet on the 24 of this month. I will speak to Jim McMahon who is also the chairman of that. MS. GOLDSMITH: I will really appreciate that. COUNCILMAN ORLANDO: And I will find out the status. MS. GOLDSMITH: Because when the lease is up, you know, I don’t know. SUPERVISOR RUSSELL: One clarification, you actually came and talked to me about this I think in February of my first term. I had just gotten sworn in a month before. And we are at the same status we were then. The fence hasn’t been delivered, there are a lot things that haven’t been done. COUNCILMAN KRUPSKI: What are the conditions of the lease? The Town pays the school district? MS. GOLDSMITH: A dollar a year. COUNCILMAN KRUPSKI: And the Town for that, you say the Town has to do certain improvements? MS. GOLDSMITH: I don’t have, Bob Mills signed the lease. I was no longer school board July 15, 2008 Page 67 Minutes Southold Town Board Meeting president when that was signed but it was supposed to have been a playground. And Jim has all the plans, he has the lease. This was not anything, I mean…. COUNCILMAN KRUPSKI: I believe you, I am just trying to understand it. SUPERVISOR RUSSELL: When the previous board prior to my getting here had sort of allocated parks and playground money throughout the Town, that was when the commitment was made for the lighting in Mattituck, $100,000 for Mitchell Park, there was the money, the commitment to East Marion would be equally distributed. MS. GOLDSMITH: Exactly. But we offered to raise the money, to go for grants, to raise the money ourselves and we kept being told it is not necessary, it is not necessary, it is not a problem. Must be a problem, it is almost seven years. Got to be some kind of problem, you know, if I had a contractor building my house and I gave him a contract, I am sure not going to give him seven years to build my house. But anyway, okay, I did speak with you about the youth bureau. You might want to take a look. SUPERVISOR RUSSELL: We actually have that (inaudible) and actually Maryanne Fleischman was on, originally on our youth board. MS. GOLDSMITH: I know. But like I said, same problems, same wishes and same wants. SUPERVISOR RUSSELL: Right. MS. GOLDSMITH: And here we are, 20 years later. COUNCILMAN ORLANDO: And speaking of the youth bureau, our first summer jam is this Saturday at the Peconic school. MS. GOLDSMITH: I know. COUNCILMAN ORLANDO: So we are pretty excited about that, we should get a good turnout. Free hamburgers and hotdogs for all the kids. There are bands from every town or somebody wanted to sing from every town wanted to participate, they are going to be singing, dancing, Frisbees, football. MS. GOLDSMITH: I am glad to see it is being tackled. Truly I am. COUNCILMAN ORLANDO: It is going to be at the Peconic school, the new Peconic school or we call the Peconic campus now and the rec center. So there will be ping pong and pool in there and there will be drinks and bands in the Peconic school. MS. GOLDSMITH: I am too old for it, actually but anyway. COUNCILMAN ORLANDO: Come on down. We will throw Frisbees together. July 15, 2008 Page 68 Minutes Southold Town Board Meeting MS. GOLDSMITH: Yeah, maybe. The other thing I have is many people think that Truman’s beach belongs to the town. I get calls probably every three or four days, why doesn’t the Town supply a lifeguard? Not a town beach, folks. Not a town beach. I am not sure how we can get that word out. Maybe people will be watching this and they will get the word out but it is not a town beach and the parks district cannot afford a lifeguard. And I don’t know if the parks district in the town can come to something because that leads me to my next thing. No beach access for us East Marion folks, that’s it. We have a little something at the end of Shipyard Lane, a little something at the end of Bay Avenue with a big railing. You know, you can walk down over the rocks maybe and take a swim when it is low tide, we have no beach access. We have a little bit on the Sound if you can get down the bluff but there really is no beach access which leads me to my next question. What is going on with Oki-do? I have my sources, can I ask you what is going on? Last thing I heard, the building was supposed to have been secured, the fencing I know they are continually putting up fencing. I don’t see much change in that building coming down in the back, they are supposed to be getting permits. As far as I have talked to the DEC and the county and they haven’t issued any new permits. SUPERVISOR RUSSELL: They probably haven’t applied. I know that they are part of a pos dec themselves, so their clean up is monitored by the DEC, I know they had removed tanks at some point. What their status is with the DEC, I don’t know. MS. GOLDSMITH: Well, what’s with the Town? The Town issued an order to secure… SUPERVISOR RUSSELL: That was a separate public hearing. TOWN ATTORNEY FINNEGAN: I just saw a letter come in yesterday from the DEC saying that they did not object to what the town had ordered, so tomorrow I am going to get in touch with the applicant but I just got it yesterday. MS. GOLDSMITH: That is for the building to come down. SUPERVISOR RUSSELL: No, that is for the building to be secured. TOWN ATTORNEY FINNEGAN: That is for the building to be boarded. MS. GOLDSMITH: I thought part of the building had to be…. TOWN ATTORNEY FINNEGAN: Part of it, yes. SUPERVISOR RUSSELL: Yeah, part of it. MS. GOLDSMITH: Okay, my concern is is that the heavy equipment that comes down to move that building, the air quality of what is in that building, is there asbestos, is there lead paint, who is going to monitor that? July 15, 2008 Page 69 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: That would, again, all of their work is done under DEC supervision. MS. GOLDSMITH: But if you are going to issue the permit or… SUPERVISOR RUSSELL: We wouldn’t for the demolition. The DEC would. I don’t even know if we do when it is a pos dec, we should but I don’t know, the DEC wouldn’t issue any permit without, in other words, they would have to okay any work that gets done there. Historically, we haven’t issued building permits for demolition under a pos dec. Maybe that is something the Town should take up as a policy. MS. GOLDSMITH: Well, what I am concerned about is how am I going to know who is going to monitor that. Is the county come and monitor that or are they going to think it is a little building coming down and they are not going to do that. It is an old building, there is lead paint, there is asbestos, there are rats. Who is going to monitor that? COUNCILMAN KRUPSKI: How about the Trustees? Do they have to issue a permit to demolish that? MS. GOLDSMITH: Yeah, it is right on the pond. I am very concerned because I don’t know how to go about trying to insist that someone monitor that air quality. SUPERVISOR RUSSELL: Yeah, I have offered for you to get in touch with Mark Terry and Bruno prior to his leaving town government, to go with Mark because it is a pos dec situation but the current process is being shepherded and overseen by the DEC. There should hopefully be regular correspondence between the DEC and the town on the pos dec and their need to comply. MS. GOLDSMITH: Right… TOWN ATTORNEY FINNEGAN: I will look into that. I definitely understand your issues. MS. GOLDSMITH: In a positive declaration, does that mean that the DEC has to oversee or have someone oversee the demolition of a building that is old and has hazardous materials? COUNCILMAN KRUPSKI: They would have addressed that in the permit process. MS. GOLDSMITH: They haven’t issued a permit. SUPERVISOR RUSSELL: They haven’t issued the demolition. That is when the DEC would weigh in on those issues. MS. GOLDSMITH: I mean, do they come down and physically take a look before they issue a permit? SUPERVISOR RUSSELL: They are supposed to. They usually do. July 15, 2008 Page 70 Minutes Southold Town Board Meeting MS. GOLDSMITH: Okay. Well, if you could find out, I would appreciate that. And again, I am hoping that that can be saved and not built upon, that, if you talk about the Heritage with 139 units, we are going to have 139 hotel rooms. Talk about traffic and talk about transient traffic, that is not, you know, one car coming in every day is you know, that is continual traffic with heavy equipment. If you go down the road, for any of you that don’t know it, on Shipyard Lane if one is coming south and one is coming north, you are on somebody’s lawn, there is no room. But anyway, you know my feelings on that. I would hope that at some point that could be saved. We are saving a lot of property. I did look up at what Southold Town has spent in East Marion as far as preservation and there has been of course, you know, what do you call it? When someone does a development, they set aside… SUPERVISOR RUSSELL: A TDR? Oh, conservation subdivision. MS. GOLDSMITH: Yeah, there are those. There’s only two times that the town has preserved property in East Marion, both times have been with the county. One with Dam Pond and I forgot the other one. So this would be, you know, and now is the time because now is the time that you know, people don’t have money and as far as getting insurance on the water is a nightmare out here. SUPERVISOR RUSSELL: We met with the Peconic Land Trust and asked them as part of what their contract is for the town to do outreach. I had even given him the name of contacts of the current owner, to engage him in discussion to see if we could work something out, if not outright acquisition, acquisition of a portion of it. Certainly you have to remember though, they have, you talk about the Heritage, they have a longer process because none of what they have asked for is necessarily allowed by zoning. they still have several variances that they would need to get, both for the use as a hotel and for the restaurant. MS. GOLDSMITH: I guess it bothers me… SUPERVISOR RUSSELL: They can’t even get there until the pos dec is cleared up. MS. GOLDSMITH: You know, we hear around town, you know, sometimes we hear members of various Southold Town boards say, well, what is wrong with the project? It is going to be green. And I do hear that from someone who is in a decision making capacity. It scares me. Why wouldn’t, that would be a nice project, it is going to be a green project. That scares me, when someone who is in a decision making role as far as that project, has that opinion already. But anyway, the other thing I wanted to talk to you about is you do have a meeting in East Marion and I want to invite all of you on the Town Board because we invited John Copertino invited the new planner Heather Lanza down and just showed her around East Marion. She gave, she didn’t give us her opinion, she just said how beautiful things were. We of course, gave her ours. And you wouldn’t expect anything different I am sure. I would like you to look at East Marion. I truly, I can’t stand the changes that are happening. If you look at Route 25, you start, well, I start at Skippers Restaurant and there is a bar and restaurant and then you have the golf course with a bar and a restaurant and then you have Hellenic with a bar and restaurant, then we have two farm stands almost across the street from one another,which is an accident waiting to July 15, 2008 Page 71 Minutes Southold Town Board Meeting happen. Parking is great but still an accident waiting to happen. Then we have the Blue Dolphin which is whatever it is, a bar, restaurant, bed and breakfast, a couple of cottages, a hotel and something else. I guess a nightclub, I guess. Whatever the music is, seems like a nightclub to me since I live so close, then you go on down, you have got about seven or eight bed and breakfast right in a row. You know? I mean, we are trapped, we only have that one road. At least in Orient you can go down Village Lane and waste a half an hour if you are stuck in traffic. There is no where to go in East Marion. You know, I just think that when you talk about planning, you know, you have to give our little thoroughfare a really good look at because it is exactly what it is, we love it but we are stuck. We can’t go anywhere. The other thing, the last thing I wanted to ask you about was I do know I am on the real property tax council and a couple of good committees, the (inaudible) met just recently and we started on that. And I did take your suggestion, I met with the Housing Committee unfortunately only three members were able to attend and what I am going to do is I will e-mail you the gist of the ideas. Some of them are out there, I mean, they are out there. and I will just really quickly tell you, one of them was what if an old lady like me decides that I would like to move into like an apartment somewhere or had a place to live and would sell my house to a relative or any young couple at below market valley, the cottages is a perfect senior citizens community. It is perfect, it is small. People are next door to each other. They could throw in a few bucks a week and one person could mow the lawn. The houses could be made handicapped and if someone could build those, you know, at a reasonable cost, when I, you know, a few years from now would definitely consider selling my house at below market value in order to be granted a way to live in one of those houses. It is just one of our out there ideas. Inaudible. SUPERVISOR RUSSELL: Alright. Thank you very much. MS. GOLDSMITH: Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (No response) Can I get a motion to adjourn? 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 9:40 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Scott Russell, Supervisor SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell