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Home My WebLink AboutTB-08/26/2008 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 August 26, 2008 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 26, 2008 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on August 26, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived William Ruland Town of Southold Councilman Present Vincent Orlando Town of Southold Councilman Present Albert Krupski Jr. Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Kieran Corcoran Town of Southold Assistant Town Attorney Present I. Reports 1. Judge Price July 2008 2. Town Clerk Monthly Report July 2008 II. Public Notices 1. License Renewal with New York State Liquor Authority August 26, 2008 Page 2 Minutes Southold Town Board Meeting Castello di Borghese, LLC. Vineyard & Winery, 17150 CR 48, Cutchogue Meson Ole, 135 Third St., Greenport Village Cheese Shop, 104 Love Ln., Mattituck III. Communications 1. Letter from Mr & Mrs Cruise & Ms. Vandenbosch Thanking Highway Department IV. Discussion 1. 9:00 Am - Karen McLaughlin Employee Assistance Program 2. 9:30 Am - Melissa Spiro Amendment to Community Preservation Plan 3. 9:40 Am - Jim Bunchuck Storage Space Rental 4. 10:00 Am - Jim McMahon Blocker Preserve, Right-of-way Improvements 5. Support for Blinking Light Mattituck-Cutchogue U F S D 6. Appoint Representative to the LI North Shore Heritage Area 7. Anti-Bias Task Force - Funds for Banner 8. Request for Lowered Speed Limit on Factory Avenue (35 > 20) 9. Request for Funds for Marion Lake Restoration 10. Architectural Review Committee Update per Supervisor Russell 11. Support: S C Supervisor’s Association P/T Executive Director 12. Waiver of Parks & Playground Fee, 3055 Kirkup Lane, Mattituck 13. 12:00 Noon - Executive Session - Melissa Spiro Property acquisition (2) August 26, 2008 Page 3 Minutes Southold Town Board Meeting 14. 12:30 Pm - LUNCH 15. 12:15 PM - Executive Session - Jim McMahon Employment History of Specific Persons 16. 10:30 AM - Jamie Richter, Jim McMahon Discussion of new court complex Pledge to the Flag Opening Statements Supervisor Scott A Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. Would anybody like to come up and address the Town Board on any issue as it appears on the agenda? Mrs. Egan, you will forgive me if I accidently call you Barbara Mandrell tonight but I love the hat. By all means, go ahead. Joan Egan,East Marion JOAN EGAN: Good evening everybody. Supervisor, everybody is praying for you and your family. SUPERVISOR RUSSELL: Thank you. MS. EGAN: You are welcome. How is everybody? Did you all miss me last time? I hope so. I missed you. I missed seeing myself on television. But everybody saw me on channel 12, I am getting calls from people all up island. I never saw the one on channel 12. okay, let’s cut to the chase. Okay, I don’t have a lot to say and there are several things on it, the solid waste. I still am hearing rumors that somebody might buy us out. We’ll see. I keep warning James to be looking for another job. (Inaudible) said they would hire me, Joan, I said, yes for six months and then it will be bye bye. Okay, item 792, this police department. You are still down five, one did resign and we certainly need them. We will be getting the auxiliary police force leaves when? After Labor Day, they come back sometimes like for the Maritime Festival? SUPERVISOR RUSSELL: Sure. MS. EGAN: So what is the chance of our getting another police officer or two? SUPERVISOR RUSSELL: I think we are probably on the threshold of hiring as many as five. We are still waiting for the clearance of the five remaining candidates on the town list. Background checks, those sort of things. They are an ongoing process but we are probably going to need up to five in the near future. MS. EGAN: Wonderful. Are the, well, just as a small remark on 793, you have a new girl coming in to the Justice court and I don’t know when I am sure most of you must have noticed in August 26, 2008 Page 4 Minutes Southold Town Board Meeting the last two weeks in the Suffolk Times, two full pages of police reports. It was rather light last Friday, I was here but it is, it is pretty bad and those reports are all available to the public, they can get a copy of it for I think 25 cents a page, if you want it, if not you can go over to the justice court and read what has happened. It is horrible. I did find out indirectly, well directly at the police department which is good and bad, that with gasoline prices quite so high, some of the people who like to drive at night and knock mailboxes down are not doing that quite as much, so you know one bad things, sometimes some good comes out of it. So that is a little bit better but it is pretty bad, the police report, pretty bad. Well, the recreation center, you have, I was going to ask about that but there is something about the Peconic school, you are having somebody do an evaluation…. SUPERVISOR RUSSELL: Yes, an engineer will be basically pricing out and designing the cost needs for the improvements. Mostly infrastructure type of, furnaces, things like that. Nothing major. MS. EGAN: On item 797, you don’t need any really high qualifications to be on the Anti-Bias, just…. SUPERVISOR RUSSELL: Just an interest and a willingness to show up to the regular meetings. MS. EGAN: And how often do they meet? SUPERVISOR RUSSELL: Once a month, usually during the morning, during the week. MS. EGAN: Okay. See if we can’t patch somebody there. I like this new word in my vocabulary, patch. I am patching this and patching that. Well, this is again, I think something nice. Item 806, we have turned into a kind of large community but we still love our parades and it kind of makes us feel homespun. I think you all love that, too. On item 809, our working together with other towns and I am sure it is being, I think I had mentioned it the last time I was here, that you know, you don’t rely on cell phones in these national you know, in these disasters because very often they have been ruined. Now, item 811 has Justice Price passed the Joan Egan course? SUPERVISOR RUSSELL: Yes. He filled that out. MS. EGAN: Huh? SUPERVISOR RUSSELL: He filled that document out. MS. EGAN: Good. I still think these things can be done in other ways but, we have quite a few things on land preservation and hearings and that regard. And I still say I deeply feel we have too much land in your name and I don’t want to hear that it be preserved forever. You may need the money and have to sell it. Now this I really feel is wrong, Detective Harned is going away. Until we bring our police force up to snuff, here is another police officer not with us but I guess he passed the test. August 26, 2008 Page 5 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Yes, he filled out the document. MS. EGAN: Good. And item 817, they are all using the new lights and putting themselves to the best advantage. 817? SUPERVISOR RUSSELL: Yes, I am sorry. Can you repeat that? I am sorry. MS. EGAN: Well, it is all about light, street lighting and where we are doing it correctly with the new method, you know, no glare and… SUPERVISOR RUSSELL: Yeah, this is just an ongoing, you know, our, to pay for our ongoing maintenance agreements on these lights. MS. EGAN: Yeah. Well, no, but we had discussed about, you know, illumination in regard to our streetlights. SUPERVISOR RUSSELL: Oh, yeah. Actually two separate issues. One is the dark skies legislation which I have an energy, alternative and renewable energy task force working on. The second is, down the road, to do an audit of all street lighting to determine what is warranted lighting and what is unnecessary lighting. We pay the money to illuminate lights that do nothing more than illuminate a sod farm and we probably have to look at those and say no more. MS. EGAN: Well, that is good. Again item 818, the bay constable (inaudible) again because the price of gas there is not as much boating activity, so, again we get a little benefit here and there. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any of the resolutions? (No response) Okay, let’s move ahead. Minutes Approval RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, April 15, 2008 ? Vote Record - Acceptance of Minutes for April 15, 2008 7:00 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter August 26, 2008 Page 6 Minutes Southold Town Board Meeting RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, May 06, 2008 ? Vote Record - Acceptance of Minutes for May 6, 2008 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, June 03, 2008 ? Vote Record - Acceptance of Minutes for June 3, 2008 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? ? Vincent Orlando Voter Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter V. Resolutions 2008-789 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 8/26/08 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby August 26, 2008. ? Vote Record - Resolution RES-2008-789 ? 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 2008-790 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting September 9, 2008 at 7:30 Pm August 26, 2008 Page 7 Minutes Southold Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 9, 2008 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ? Vote Record - Resolution RES-2008-790 ? 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 2008-791 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mod for Grinder Fiscal Impact: This budget mod reflects the rising costs of steel wear parts for the grinder mill. It will cover the cost for tips, hammers, bolts, and washers needed to process yard debris, including from the Fall cleanup, at least though the end of 2008. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: MSW Removal (SR 8160.4.400.805) $ 8,000 To: CBI Grinder Maint/Supplies (SR 8160.4.100.596) $ 7,500 CBI Grinder – Contracted Repairs (SR 8160.4.400.665) 500 ? Vote Record - Resolution RES-2008-791 ? 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 2008-772 Tabled 8/12/2008 7:30 PM CATEGORY: Contracts, Lease & Agreements August 26, 2008 Page 8 Minutes Southold Town Board Meeting DEPARTMENT: Solid Waste Management District SWMD Temporary Storage Fiscal Impact: Paid in advance, this will save approx. $500 in fiscal year 2008, and approx. $10,000 in Town Garbage Bag storage costs over the life of the agreement. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement for the Solid Waste Management District with North Fork Self Storage in the amount of $6,110 for the term August 15, 2008 – August 31, 2009 for secure storage of inventory, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-772 ? 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 2008-792 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: As the revenue sharing from Suffolk County Enhanced 911 has been reduced from $80,000 to $40,000 at this time, I am requesting that you reduce the budget lines listed. RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Town budget by reducing the noted budget lines in the following amounts pursuant to Suffolk County Enhanced 911 action: A.2210.35 Revenue $40,000.00 A.3020.2.200.700 Communication Equipment $40,000.00 August 26, 2008 Page 9 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-792 ? 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 2008-793 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Maria Thomas as Justice Court Clerk (Spanish 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 a 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 Maria Thomas to that the Town Board of the Town of Southold hereby the provisional position of Justice Court Clerk (Spanish Speaking) for the Justice Court, effective August 18, 2008, at a rate of $33,742.77 per annum. ? Vote Record - Resolution RES-2008-793 ? 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 2008-794 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification--Debt Service August 26, 2008 Page 10 Minutes Southold Town Board Meeting RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.9730.7.000.000 BAN Interest $ 1900.00 To: A.9730.6.000.000 BAN Principal $ 1900.00 ? Vote Record - Resolution RES-2008-794 ? 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 2008-795 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Fall Recreation Program Instructors RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with the following individuals for the fall 2008 recreation programs , all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2008 instructor line A7020.4.500.420. Antoinette Beck-Witt (drawing class)........................................... $30/hour Monica Bennett (Goal Achiever)................................................. $30/hour Sara Bloom (memoir writing)....................................................... $30/hour Thomas Boucher (guitar)............................................................. $30/hour Bernard Cannac (conversational French)..................................... $30/hour Eugenia Cherouski (folk dancing)............................................... $30/hour John Crosser (Youth Basketball Program)……………………. $15/hour Paula Croteau (baking classes)…………………………………… $30/hour Shirley Darling (tennis)............................................................... $30/class nd Mary Dempsey (English as a 2 language)................................. $30/hour August 26, 2008 Page 11 Minutes Southold Town Board Meeting Lenora Dome (belly dancing).................................................... $30/hour Martha Eagle (Aerobics).............................................................. $30/hour East End Insurance Services (Defensive Driving)..................... $30/person Linda Eckert (sewing classes)................................................... $30/hour Glen Franke (Youth Night Program)……………………………... $30/hour Jill Franke (Youth Night Program)……………………..………… $30/hour Mike Furst (beginner computer)................................................. $30/hour Kathy Gadomski (Youth Night Program)………………………… $30/hour Tom Gadomski (Youth Night Program)………………………… $30/hour Bill Gatz (Youth Basketball Program)…………………………… $30/hour Dan Gebbia (dog obedience)..................................................… $55/dog Rebecca Johnson (volleyball)…………………………………….. $25/hour Rosemary Martilotta (hatha yoga)……………………………...... $55/class Glenn McKay (computer hardware)............................................ $30/hour Rosemary McKinley (Kitchen Economist)…………………..…. $30/hour Judy McCleery (Digital Photography)…………………………… $30/hour Cynthia Mignone (Youth Night Program)……..………….. ….. $30/hour Sue Mulholland (bridge classes).................................................. $30/hour Laura Nappi (yoga for teens)…………….................................... $30/hour Theresa Pressler (youth programs)……………………………… $30/hour Riverside Gymnastics (youth gymnastics)................................. $60/person Connie Rosnack (Youth Night Program)……..………………… $30/hour Candice Schott (Youth Night Program)……..………………….. $30/hour Megan Schutt (Youth Night Program)……..…………………… $30/hour Laurie Short (aerobics classes)................................................... $30/hour Steve Smith (Weight Training)..................................................... $30/hour Gail Starkie (acrylics painting)................................................... $30/hour Nancy Swett (blogging program)................................................. $30/hour Kathleen Tergesen (Girls Youth Basketball Program)………….. $15/hour Angela Tondo (Mommy & Me)................................................... $30/hour Touch Dancing Studios (ballroom dancing)……………………… $65/person Amy Wippert (Typing for Beginners)........................................... $30/hour ? Vote Record - Resolution RES-2008-795 ? 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 2008-796 CATEGORY: Consulting DEPARTMENT: Public Works Peconic School Improvements August 26, 2008 Page 12 Minutes Southold Town Board Meeting RESOLVED accepts the proposal of L. that the Town Board of the Town of Southold hereby K. McLean Associates, P.C., to prepare a detailed scope of work and cost estimates associated with the renovations of the Peconic School – Recreation Center, in the amount of $5,560, and authorizes Supervisor Scott A. Russell to sign the Notice to Proceed, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-796 ? 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 2008-797 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept the Resignation of Michael Simon from the Anti-Bias Task Force and Direct the Town Clerk to Advertise to Fill the Vacancy RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Michael Simon from the Anti-Bias Task Force , effective September 1, 2008 and BE IT FURTHER RESOLVEDdirects the Town the Town Board hereby authorizes and Clerk to advertise to fill the vacancy. ? Vote Record - Resolution RES-2008-797 ? 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 2008-798 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation August 26, 2008 Page 13 Minutes Southold Town Board Meeting Wesnofske PH 9/9 7:34 Pm 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, September 9, 2008, at 7:34 p.m., Southold Town Hall, 53095 Main 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 the Estate of Eugene L. Wesnofske (Eugene Wesnofske and Chrystal Wesnofske, as contract vendees). Said property is identified as part of SCTM #1000-69-4-8.1. The address is 36450 County Road 48 in the A-C zoning district and is approximately 960 feet west of North Road By-Pass in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 6.2326± acres (subject to survey) of the 8.0726± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner/contract vendees. The purchase price is $68,000 (sixty-eight thousand dollars) per buildable acre for the 6.2326± 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. ? Vote Record - Resolution RES-2008-798 ? 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 August 26, 2008 Page 14 Minutes Southold Town Board Meeting 2008-799 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Hire Debra Doucette as PT Clerk FIFD RESOLVEDappoints Deborah A. that the Town Board of the Town of Southold hereby Doucette to the position of a Part-time Clerk for the Fishers Island Ferry District, effective August 26, 2008, at a rate of $11.00 per hour. ? Vote Record - Resolution RES-2008-799 ? 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 2008-800 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Lease/Purchase Agreement-Check Folder/Sealer RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a lease/purchase agreement with Greater Bay Capital in connection with the Bri-Lin LMQII check folding pressure sealing equipment received from F & E Check Protector Sales Co. which includes 3 years of equipment maintenance, said agreement in the amount of $177 per month for 36 months with a $1 buyout and which is subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-800 ? 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 August 26, 2008 Page 15 Minutes Southold Town Board Meeting 2008-839 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Execute Agreement for Employee Assistance Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with National EAP, Inc. in connection with an Employee Assistance Program in the amount of $4.37 per month per employee for the period September 1, 2008 through August 31, 2009, said agreement subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-839 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? ??Albert Krupski Jr. Seconder Withdrawn ?? Supervisor's Appt ???????? Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Voter ?? Rescinded ???????? Scott Russell Voter Next: Sep 9, 2008 7:30 PM 2008-840 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Budget Lines for EAP RESOLVEDmodifies the 2008 budget that the Town Board of the Town of Southold hereby as follows: General Fund Whole Town From: A.1990.4.100.100 Unallocated Contingencies $4,200 To: A.9055.8.000.200 Employee Assistance Program $4,200 General Fund Part Town From: August 26, 2008 Page 16 Minutes Southold Town Board Meeting B.1990.4.100.100 Unallocated Contingencies $600 To: B.9055.8.000.200 Employee Assistance Program $600 Highway Fund Part Town From: DB.9030.8.000.000 Social Security Benefits $625 To: DB.9055.8.000.200 Employee Assistance Program $625 Solid Waste Management District From: SR.9010.8.000.000 NYS Retirement Benefits $325 To: SR.9055.8.000.200 Employee Assistance Program $325 ? Vote Record - Resolution RES-2008-840 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? ??Albert Krupski Jr. Seconder Withdrawn ?????????? Supervisor's Appt Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Voter ?? Rescinded ???????? Scott Russell Voter Next: Sep 9, 2008 7:30 PM 2008-803 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Trommel Screen Bid Acceptance Fiscal Impact: MCB Northeast provided the lowest of 3 bids on this machine. The amount is approximately $22,000 UNDER the bid estimate. RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby MCB Northeast to supply the Solid Waste Management District with a McCloskey Trommel Screening Plant for the amount of $ 248,850, all in accordance with the approval of the Town Attorney. August 26, 2008 Page 17 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-803 ? 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 2008-804 CATEGORY: Road Dedications DEPARTMENT: Town Attorney Tide Group Road Dedication WHEREAS , Tide Group Inc. has made application to the Town Board of the Town of Southold to dedicate certain roads in Cutchogue, New York, to be known as “CORPORATE ROAD”, “COMMERCE DRIVE”, and a “RECHARGE BASIN”, as shown on the map entitled “Map of North Fork Industrial Park”, filed in the Office of the Clerk of the County of Suffolk on January 27, 2005 as Map No. 11215, together with the release executed by the owner thereof; and WHEREAS , the Southold Town Superintendent of Highways has inspected the said highways and has advised the Town Board that said proposed highways comply in all respects with the specifications for the dedication of highways in the Town of Southold; now, therefore, be it RESOLVED , that in accordance with Section 171 of the Highway Law of the State of New York, consent be, and the same hereby is, given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED , that the Town Clerk be, and she hereby is, authorized and directed to forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York. August 26, 2008 Page 18 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-804 ? 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 2008-805 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Southold Town Methodist and Presbyterian Churches to Hold to Use Certain Town Roads for Their Annual Crop Walk in Southold, on Sunday, October 19, 2008 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold Town Methodist and Presbyterian Churches to hold to use the following roads for their Annual Crop Walk in Southold, on Sunday, October 19, 2008 from 1:00 PM to 4:00 Wells Avenue, Oaklawn Avenue, Pine Neck Road, North Road to Bayview, North PM: Bayview Road, Cedar Drive, Waterview Drive, Main Bayview Road , provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley immediate following the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-805 ? 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 2008-806 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Southold School District to Hold Its Homecoming Parade in Southold, on Friday, September 26, 2008 August 26, 2008 Page 19 Minutes Southold Town Board Meeting RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold School District to use the following route for its Homecoming Parade in Southold, on Friday, September 26, 2008Main Road at from 5:00 PM to 5:30 PM: beginning on the Southold Fire Department and concluding at Southold High School at Oaklawn Avenue , provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley upon approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-806 ? 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 2008-807 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the North Side-Out Beach Volleyball League Inc. to Park Overflow Vehicles on Road Adjacent to Breakwater Beach and be Exempt from Southold Town Parking Fees During End of Season Tournaments RESOLVED that the Town Board of the Town of Southold hereby grants permission to the North Side-Out Beach Volleyball League Inc. to park overflow vehicles on road adjacent to Breakwater Beach and be exempt from Southold Town parking fees during end of season tournaments on August 23, 2008 and September 12, 2008; vehicles shall display appropriate windshield or visor markers for easy identification. ? Vote Record - Resolution RES-2008-807 ? 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 August 26, 2008 Page 20 Minutes Southold Town Board Meeting 2008-841 CATEGORY: Refund DEPARTMENT: Town Clerk Deny the Request by Robert Criscito of Robert’s Custom Homes for a Refund of Building Permit Fees for Permit No. 33720Z RESOLVEDdenies the request by that the Town Board of the Town of Southold hereby Robert Criscito of Robert’s Custom Homes for a refund of Building Permit fees for Permit No. 33720Z granted to Tina Lepik. ? Vote Record - Resolution RES-2008-841 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? ??Albert Krupski Jr. Voter Withdrawn ?? Supervisor's Appt ???????? Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Seconder ?? Rescinded ???????? Scott Russell Voter Next: Sep 9, 2008 7:30 PM 2008-809 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Mutual Aid Agreement W/Various Towns & Villages RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Municipal Mutual Aid and Assistance Agreement between the municipal corporations of the Town of Southampton, Town of Riverhead, Town of East Hampton, Town of Southold, Town of Shelter Island, and the Village of Southampton, Village of East Hampton, Village of Quogue, Village of Westhampton Beach and the Village of Sag Harbor , in connection with providing mutual aid in the event of a disaster or emergency, for a term of five years, subject to the approval of the Town Attorney. August 26, 2008 Page 21 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-809 ? 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 2008-810 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District Groundwater Monitoring Petition Fiscal Impact: Funds for this project are available in the Engineering line of the SWMD 2008 budget. H2M is the incumbent groundwater monitoring firm. Approval of semi-annual testing will result in a savings of approximately $10,000 per year. The Town is bound by law to test groundwater around the Cutchogue landfill through 2032. RESOLVED accepts the proposal of and that the Town Board of the Town of Southold hereby authorizes Supervisor Russel to execute an agreement with H2M Group to review quarterly monitoring data of groundwater around the closed Cutchogue landfill from 2004 – 2008 and to prepare a report and petition to the DEC justifying and requesting approval for semi-annual monitoring, thereby resulting in a substantial savings to the Town, at a total cost of $ 4,900, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-810 ? 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 2008-811 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Judge Price Attend Seminar RESOLVEDgrants permission to Judge that the Town Board of the Town of Southold hereby August 26, 2008 Page 22 Minutes Southold Town Board Meeting William H. Price, Jr. to attend the NYS Magistrates Association mandatory classes in Niagara Falls September 21 through September 24, 2008, with all expenses for registration, travel and lodging to be a legal charge to the 2008 Justice Court budget (meetings and seminars). ? Vote Record - Resolution RES-2008-811 ? 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 2008-812 CATEGORY: Grants DEPARTMENT: Planning Board Approve and Authorize the Southold Town Planning Department to Submit an Application in Connection with the New York State Department of State’s Local Waterfront Revitalization Program EPF Grant Entitled “The Implementation and Advancing the Town of Southold LWRP through the Development of a Pilot Town of Southold Spawned Sanctuary Plan for Hallocks Bay, Orient Harbor, Goose Creek and Richmond Creek”; RESOLVEDapproves and authorizes that the Town Board of the Town of Southold hereby the Southold Town Planning Department to submit an application in connection with the New York State Department of State’s Local Waterfront Revitalization Program EPF Grant entitled “The Implementation and Advancing the Town of Southold LWRP through the Development of a Pilot Town of Southold Spawned Sanctuary Plan for Hallocks Bay, Orient Harbor, Goose Creek and Richmond Creek”; the total amount is $2,751,042.00 of which the Town is seeking $1,347,192.00 in state assistance, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-812 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded August 26, 2008 Page 23 Minutes Southold Town Board Meeting 2008-813 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk LL Updating CPPP 9/23/08 4:35 Pm WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 26th day of August , 2008 a Local Law entitled relation to Updating the Community Preservation Project Plan” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 23rd day of September , 2008 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Updating the Community The proposed Local Law entitled, Preservation Project Plan” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to Updating the Community Preservation A Local Law entitled, Project Plan” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The following five (5) properties listed in the attached Exhibit, totaling approximately 24.07 acres, are proposed to be added to the List of Eligible Parcels included in the Community Preservation Project Plan. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, establishment of parks, nature preserves and recreational areas, preservation and protection of open spaces, agricultural lands and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13. Community Preservation Project Plan adopted. A. For the reasons set forth in §17-12 hereof, the Town Board of the Town of August 26, 2008 Page 24 Minutes Southold Town Board Meeting Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town’s Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion of the Town Board meeting. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. D. The Town Board of the Town of Southold hereby approves and adopts the January 2006 update to the Community Preservation Project Plan which adds one hundred ninety four (194) parcels totaling approximately three hundred and fifty five (355) acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been developed, and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated January 2006 Executive Summary and updated cover pages. The January 2003 List of Eligible Parcels shall be replaced with the January 17, 2006 List of Eligible Parcels. E. The Town Board of the Town of Southold hereby approves and adopts the August/September 2008 update to the Community Preservation Project Plan which adds five (5) parcels totaling approximately 24.07 acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated September 2008 Executive Summary and updated cover pages. The January 17, 2006 List of Eligible Parcels shall be replaced with the August/September 2008 List of Eligible Parcels. III. SEVERABILITY August 26, 2008 Page 25 Minutes Southold Town Board Meeting If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-813 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? 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 2008-814 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Attend Seminar - Police Dept RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Detective Steven L. Harned to attend the United States Marshals Service, NY/NJ RFTF Annual Training, Phase V in Atlantic City, New Jersey on September 8 - 12, 2008. Travel to be by police vehicle, registration, meals and other travel expenses to be a legal charge to the 2008 Police Department Training Budget. ? Vote Record - Resolution RES-2008-814 ? 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 2008-815 CATEGORY: Property Usage DEPARTMENT: Town Attorney August 26, 2008 Page 26 Minutes Southold Town Board Meeting Authorizes Supervisor Scott A. Russell to Execute the Grant of Drainage Easement and All Other Necessary Documents to Effectuate Same RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to execute the Grant of Drainage Easement and all other necessary documents to effectuate same , in connection with the Cutchogue Harbor Marina site plan, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-815 ? 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 2008-816 CATEGORY: Support Resolution DEPARTMENT: Supervisor CO &/Or Rental Permits SC Executive WHEREAS, the placement of public assistance recipients in substandard housing is a long- standing problem in our County; and WHEREAS , the County of Suffolk has enacted several local laws designed to prevent the placement of Department of Social Services’ clients in housing that is substandard, unsafe and/or non-compliant with local building and zoning codes; and WHEREAS , despite these efforts, the unfortunate practice of placing public assistance recipients in substandard housing continues; and WHEREAS , this Legislature wishes to establish that it shall be the policy of Suffolk County to verify that potential accommodations used by the Department of Social Services to house recipients of public assistance have the necessary certificate of occupancy and/or rental permit; now therefor be it August 26, 2008 Page 27 Minutes Southold Town Board Meeting RESOLVED that no individual receiving public assistance shall be housed in any accommodation that does not have a valid certificate of occupancy and/or rental permit issued by the municipality in which the housing accommodation is located; and be it further RESOLVED , that the Commissioner of Social Services is authorized, empowered, and directed to obtain copies of certificates of occupancy and or/rental permits from potential landlords before an individual is placed in the subject housing accommodation and/or before any payment is paid to said landlord; and be it further RESOLVED , that the Commissioner of Social Services shall maintain records of certificates of occupancy and/or rental permits for accommodations used by the Department of Social Services to house recipients of public assistance and he or she shall obtain updated copies of said documents should they expire; and be it further RESOLVED , thatthis Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type II action pursuant to Section 617.5(c)(20), (21) and (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection, and the Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this resolution. ? Vote Record - Resolution RES-2008-816 ? 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 August 26, 2008 Page 28 Minutes Southold Town Board Meeting 2008-817 CATEGORY: Budget Modification DEPARTMENT: Public Works Bucket Truck - DPW RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town Street Lighting budget as follows: From: A.5182.1.100.200 Street Lighting, P.S., Overtime Earnings $1,000 A.5182.2.500.500 Other Equipment, Street Light Fixtures $1,000 A.5182.4.100.550 Supplies & Materials, Street Light Parts $3,000 To: A.5182.4.400.650 Vehicle Maintenance & Repairs $5,000 ? Vote Record - Resolution RES-2008-817 ? 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 2008-818 CATEGORY: Equipment DEPARTMENT: Town Attorney Authorizes the Southold Town Bay Constables to Use the Bay Constable Police Boat During Weekdays to Assist the Members of the Conservation Advisory Council in Documenting by GPS All Legal/Illegal/Abandoned Moorings And/Or Vessels Moored in Each Creek. RESOLVEDauthorizes the Southold that the Town Board of the Town of Southold hereby August 26, 2008 Page 29 Minutes Southold Town Board Meeting Town Bay Constables to use the Bay Constable Police Boat during weekdays to assist the members of the Conservation Advisory Council in documenting by GPS all legal/illegal/abandoned moorings and/or vessels moored in each creek . ? Vote Record - Resolution RES-2008-818 ? 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 2008-819 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Teresa Taylor to Replace David Bauer, as the Greenport Village Representative, to the Southold Town Transportation Commission RESOLVEDappoints Teresa Taylor to that the Town Board of the Town of Southold hereby replace David Bauer, as the Greenport Village representative, to the Southold Town Transportation Commission , effective immediately. ? Vote Record - Resolution RES-2008-819 ? 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 2008-820 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Amendment to the Agreement with Cornell Cooperative Extension in Connection with the NYS Department of State Grant #C-006471 for Stormwater Management, Which Amendment Pertains to the Program Work Plan and Budget Detail RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Amendment to the Agreement with Cornell August 26, 2008 Page 30 Minutes Southold Town Board Meeting Cooperative Extension in connection with the NYS Department of State Grant #C-006471 for Stormwater Management, which Amendment pertains to the Program work plan and budget detail , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-820 ? 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 2008-821 CATEGORY: Employment - Town DEPARTMENT: Public Works Scott Kessler Mechanic III RESOLVEDappoints Scott Kessler to that the Town Board of the Town of Southold hereby the position of Maintenance Mechanic III for the Department of Public Works , effective September 18, 2008, at a rate of $21.8881 per hour. ? Vote Record - Resolution RES-2008-821 ? 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 2008-842 CATEGORY: Employment - Town DEPARTMENT: Public Works Russell Ackroyd Mechanic III RESOLVEDappoints Russell Ackroyd that the Town Board of the Town of Southold hereby to the position of Maintenance Mechanic III for the Department of Public Works , effective October 16, 2008, at a rate of $21.8881 per hour. August 26, 2008 Page 31 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-842 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? ??Albert Krupski Jr. Voter Withdrawn ?????????? Supervisor's Appt Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Seconder ?? Rescinded ???????? Scott Russell Voter Next: Sep 9, 2008 7:30 PM Closing Statements Supervisor Russell SUPERVISOR RUSSELL: Okay, concluding business, I would like to open up the floor to anybody who wants to address the Town Board on any issue. Melissa Wilcenski MELISSA WILCENSKI: My name is Melissa Wilcenski. I was told to stop down, that you guys were putting budgets together for 2009 for the parks district, down at Tasker and Cochran park there. SUPERVISOR RUSSELL: We are actually, I just recently asked all department heads to forward their budget needs to me. We are in the process now of scheduling with department heads over the next few weeks, no budgets are done yet. I would certainly, if you would like to sit down and talk about any particular budget item, just call Ruthanne in my office and come to see me anytime. MS. WILCENSKI: Oh, alright. Because I called Mr. McMahon and he told me to come here about something. SUPERVISOR RUSSELL: What did he…? MS. WILCENSKI: We were hoping to get a basketball court there. SUPERVISOR RUSSELL: A basketball court down there? MS. WILCENSKI: Set up down there. I was told by him that they are thinking of putting one behind that new rec building that you guys are going to be working on. SUPERVISOR RUSSELL: Oh, at… MS. WILCENSKI: And that is not, it is just not really a good… SUPERVISOR RUSSELL: We have a parks and recreation committee, actually Vinnie here, Vinnie Orlando. COUNCILMAN ORLANDO: We are actually meeting tomorrow night. I wasn’t aware of it but August 26, 2008 Page 32 Minutes Southold Town Board Meeting I will bring it up at the meeting and find out. We have a meeting tomorrow night. MS. WILCENSKI: He told me that it was, you know, in the making of possibly going behind the old elementary school was…. SUPERVISOR RUSSELL: That is news to all of us. MS. WILCENSKI: Okay. Well, and just as a parent, I just felt I am glad that I heard that because I would rather that it was down at either Tasker or Cochran park. SUPERVISOR RUSSELL: How about, are you available tomorrow night to come and talk to parks and recreation? I think it’s a little premature to pick the site here tonight but if you want to sit down and talk about concepts and options. MS. WILCENSKI: I just think we have a lot of room down there at Cochran park and I would like to see one in there for the kids. COUNCILMAN ORLANDO: The meeting is at 6:30 at the annex. Used to be North Fork bank, now it is Capital One bank, upstairs at 6:30. MS. WILCENSKI: Oh, okay. COUNCILMAN ORLANDO: It is open to the public. You can come. SUPERVISOR RUSSELL: What they will generally do, you sit down and talk to them and they will try to come up with identifying need, cost, location, that sort of thing. And then Jim would put that in his budget and then bring it to me and I would go through it with him and present it to the Town Board. MS. WILCENSKI: Alright. That is great. SUPERVISOR RUSSELL: We could do it that way. MS. WILCENSKI: Sounds good. SUPERVISOR RUSSELL: Yeah, that would work just as well. Okay? MS. WILCENSKI: Thank you. SUPERVISOR RUSSELL: Sure. COUNCILMAN ORLANDO: See you tomorrow night. Peter Terranova, Peconic PETER TERRANOVA: Good evening, Peter Terranova from Peconic. I want to thank you all for giving me the opportunity two weeks ago to address the Town Board regarding the resolution August 26, 2008 Page 33 Minutes Southold Town Board Meeting 2008-692 titled SEQRA for Goldsmiths jetty. My comments and photographs were shared with you then to inform you of the fragility of this part of the Southold Town both before and after the construction of the 1964 jetty and to point out some of the serious mistakes and errors in the analysis of jetty shortening alternatives upon which the resolution that you passed was based. The current decision to shorten the jetty was initiated by the prior administration. Your opportunity now is to correct this error in judgment by rescinding the resolution and halt this irresponsible waste of scarce state and local taxpayer money. But before I begin tonight’s topic, I have some housekeeping issues. My last name was misspelled in the minutes posted on the Town Clerk gateway, my last name is Terranova, not Teramelo. Okay? So if you get the spelling right, I would appreciate it. Also, how do we go about getting my comments, even though they are outside the regular business meeting, how do we go about getting those comments posted or is that not part of you know, the procedure? SUPERVISOR RUSSELL: Posted in what form? MR. TERRANOVA: On the gateway. SUPERVISOR RUSSELL: Don’t they get transcribed into the minutes? TOWN CLERK NEVILLE: They will go into the minutes after, yes. They will go into the minutes once the minutes are done. Absolutely. By all means. SUPERVISOR RUSSELL: Once the minutes are completed. MR. TERRANOVA: I downloaded the minutes packet and…. TOWN CLERK NEVILLE: Well, that is the, that is the packet with all the resolutions which is all that is required however, we do a verbatim transcript of the whole meeting and add it to when that transcript is finished, it will be added to it. SUPERVISOR RUSSELL: It is a question of just time. MR. TERRANOVA: Okay. TOWN CLERK NEVILLE: And I am sorry for the misspelling, I will correct that. MR. TERRANOVA: That is okay, that’s alright. I slur my words a lot. TOWN CLERK NEVILLE: We want the record correct, thank you. MR. TERRANOVA: Okay, now going forward for this evening. The town may not be aware of some errors of fact that appear in the document that I have before me which is state environmental quality review appendix A, full environmental assessment form. This is dated July 15, 2008 and Supervisor Russell, I believe that is your signature. August 26, 2008 Page 34 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Mmmhmm. MR. TERRANOVA: I want to put the town on notice of these errors, some of them are minor, some of them are substantial, that should be corrected. I am asking that you amend this document before submitting it to any outside agencies and if the document has already been submitted, then it should be withdrawn, corrected and then re-submitted. I just want to point out a few of these, under the description of action that is listed on page 2, the first one it says, the proposed project consists of shortening the jetty at the terminus of Goldsmiths inlet by 33 % or approximately 120 feet. In fact, the 1964 jetty as built was 300 feet so a 33% shortening is 99 feet, if my calculator is correct which I believe it is, not 120 feet. So your statement that 33% equals 120 feet implies that the jetty was built to a length of 363 feet and that is incorrect. You further go on to state the jetty is currently in disrepair. In fact, the jetty as a whole is sound. There are some stones at the end that after 50, 60 some odd years may have shifted and they can be repositioned at minimal expense. So I would like to have that corrected. You also state in the description of action, its presence, the jetty’s presence is not needed for inlet control or updrift accretion. In fact, the jetty at its present length does provide a high level of inlet control by keeping the west to east literal drift of sediment away from the mouth of the inlet. At its present length, the jetty is fully impounded and no additional updrift accretion is needed or will occur. Reducing the length of the jetty however, will result in shoreline erosion west of the jetty equal to the amount of jetty shortening. This eroded material will be released from impoundment and flow around the shortened jetty end and contribute to additional sediment entering the inlet requiring increased dredging on the part of the town to keep it open. This is the conclusion of the experts who participated in the workshop forum to address the jetty issues in the mid 90’s as well as the State Department of Public Works supervisor who supervised the construction of the jetty and we have an affidavit to that effect. Before we go out to state and the existing structure inhibits eastward literal migration, in fact, the jetty has been fully impounded since 1976 and has been bypassing eastward literal migration for 32 years. This is a documented fact, attested to by most experts who studied the area, including the conclusions of the Green and Peterson study in 1982. Further go on to state in your description of action, in order to maintain the inlet, dredging of the inlet after stabilization of the jetty is proposed. The dredged material would then be used to create a secondary dune system with beach grass plantings which would provide storm surge protection for the properties west of the inlet. Fact, I believe this SEQRA document has omitted the fact that the town intends to remove the filet of beach front from private property west of the jetty including the existing protective dunes, beach grass, natural vegetation, to (inaudible) equal to shortening of the jetty. Otherwise, why would you use this dredged material from the inlet to reconstruct the destroyed dunes? I wish to note that the root system of sea grass and the vegetation in this area takes years, literally years to reestablish itself before it becomes effective as a dune stabilizer and barrier to water and waste. Clearly a full environmental impact statement would better address the consequences of your plan. On page 3 under A10, the question do hunting, fishing and shellfishing opportunities presently exist in the project area? The box of no is checked. Okay, this is incorrect. The jetty is lined with fisherman everyday from dawn until dusk and fishing opportunities do presently exist in the project area and will be negatively impacted by this project. Throughout this application or this form that you submitted, no mention is made as to the proposed bathymetry of the inlet after dredging or are the proposed culverts temporary or permanent. This is a critical element as it determines the effect of the August 26, 2008 Page 35 Minutes Southold Town Board Meeting project on the suitability of the inlet for continued recreation activities and the safety of those many town residents and visitors who enjoy these unique characteristics of Goldsmiths inlet. With this resolution that you passed, the town is poised to undermine a structure that has served the town homeowners as a bulwark against the unpredictable ravages of storms. As you know, from my last presentation, a jetty like structure existed before 1964, this preexisting structure on the west side of the inlet was not sufficient to protect property from harm to our homes and those on the bluffs immediately to the west. The 1964 jetty as constructed has provided a measure of protection given the unusual bathymetry of the soundfront and of this location. Two weeks ago I asked the question, how did the Board arrive at the conclusion that the jetty should be shortened in order to reduce the need for dredging in Goldsmiths inlet as stated in your resolution? I ask that question again, because I have not received an answer. Does anyone have an answer? COUNCILMAN WICKHAM: I don’t want to interrupt your presentation but when you are finished, I will try to respond. MR. TERRANOVA: Okay. I will say though that the conclusions of all the studies that I have read, commenced by this town in the last 20 years do not recommend because they never considered shortening the jetty for the reasons stated in your resolution. This idea took hold in the last administration. The potential for damage is clear with shortening of the jetty. And the inlet, too, will still have to be periodically dredged. I would like to take just a moment here and read for you a passage from a book, Rose Remembers, by Rosalind Case Newall, a long term Peconic resident. She devotes a whole chapter to the mill or the old mill at Peconic inlet as it was then called. Easterly storms drive sand to the west and sometimes the mouth of the inlet was blocked, then gangs of men from the village shoveled it out. This was long before the jetty was built. Shortening the jetty has no bearing on your need or the need of the Town of Southold to maintain and periodically dredge the inlet for the help of Goldsmiths pond. She also mentions for years the gutter as they called the inlet back then, was bulkheaded by big cribs of logs and heavy timbers filled with rocks and the tide scoured out the bed of the channel making it deep enough for small sloops and dorys to go in and tie up at the mill. So, we can conclude from this going back even more than 100 years ago, that there was a need to regularly go in and dredge the inlet. And there was no jetty existing back then. So I ask another question and this is not a rhetorical question, whose interests are being served by shortening the jetty? Anybody have an answer? COUNCILMAN WICKHAM: Well, I was a member of two previous Boards that have deliberated on this for some length back in the 90’s and again several years ago when this came up. I am not going to speak to the SEQRA analysis’ and all of the specific points that you made about the fact that fishing is actually a serious issue and we knocked off a box that said no. I would like to refer briefly to the reasons that we undertook to do this project. It was pursuant to a study done by the Corps of Engineers, a research group from Vicksburg, Mississippi who came up here and did a detailed modeling exercise of that whole area. The Board at that time, several years ago, we reviewed carefully the conclusions of that study and what I recall from that discussion was, first of all there were several options. We could remove it entirely, it could be removed like 50%, it could be removed like 10%, there were several different options that were studied. The, what I recall from that discussion was that a 1/3 removal would preserve the land August 26, 2008 Page 36 Minutes Southold Town Board Meeting and preserve the equity of those owners of land to the west with no significant reduction in the upland lands that they actually own and have homes on and it would also contribute to the stabilization of the beach to the east. When you asked… MR. TERRANOVA: That is not what is stated in your resolution, though, Tom. COUNCILMAN WICKHAM: When you asked a minute ago, who would benefit or what benefit could be expected from this, a stabilization of the beach and the bluff area to the east was one of the benefits, as I recall, would be one of the benefits resulting from this shortening. It was also my understanding that the annual or occasional dredging requirement of the inlet would be not, not eliminated but the requirement would be reduced. If the jetty were shortened by X percent. So the 30% or 33% reduction was arrived at as a number that would do essentially no real harm to those landowners further west and would stabilize the beaches to the east and would not exacerbate and perhaps would help to some extent, the cleansing action in and out of the inlet. I am not sure if this afternoon is a good venue for discussion and I don’t have the documents in front of me, you clearly have done research on this, you have got substance behind your comments. I think it might be better to sit down with our town engineer who has all of that material. I would be happy to join in a discussion like that, perhaps other Board members would and we could look at this in more detail. But that in a nutshell, where the Board came from. And I might add going back to the 90’s, this has been a very contentious issue for a long time, there are people who feel very passionately on both sides of the inlet and it is not been easy for the Board to deal with this. MR. TERRANOVA: I understand that. Could you tell me again the study you are referring to? COUNCILMAN WICKHAM: I would have to get the town engineer who has all of those documents with him but it was a research group from the Corps of Engineers who have a research facility in Vicksburg, Mississippi. They had a team who came up here, they did a detailed modeling exercise…. MR. TERRANOVA: Is this the 2005 geomorphic analysis…. COUNCILMAN WICKHAM: I believe that is right. MR. TERRANOVA: ….from Mattituck and Goldsmiths inlet? COUNCILMAN WICKHAM: 2005 would be about three years ago. That is when it was. Do you remember this? JUSTICE EVANS: I remember… SUPERVISOR RUSSELL: I believe that is what you are referencing. I have a copy of that in my office. MR. TERRANOVA: Okay. I have a copy of it myself, so you don’t have to provide it to me. I August 26, 2008 Page 37 Minutes Southold Town Board Meeting would be glad to review it again, I have got it highlighted in many areas and … COUNCILMAN WICKHAM: If we do that…. MR. TERRANOVA: (Inaudible) but their conclusions did not talk about the things that you are mentioning. But I will review it again… COUNCILMAN WICKHAM: But I am sure that one of the options that they referred to was a 1/3 shortening of the jetty. And in the discussions we had here, that emerged as the optimum action to take at that time. COUNCILMAN KRUPSKI: And I agree with what Tom said, as far as reviewing this problem, living out here, basically knowing about the problem. I have got a lot of experience with coastal erosion processes, from being a town Trustee, anytime you harden the shoreline, you are going to affect the flow of sand and movement of sand in water, especially when you couple that with a canal or a channel or a creek that is actively flowing. And if you want to look at anecdotal evidence, like the mill that was there, you know, back in those days building a mill was like building a power plant today. The amount of money and expense that went into investment that went into building a mill, it is an important part of an agricultural community. They didn’t build a mill where it would fill in a lot and it would take a lot of effort to dredge that out every year, they didn’t have the capacity in that, you know, 150 years ago, to build something where it wasn’t going to work… MR. TERRANOVA: Well… COUNCILMAN KRUPSKI: Just let me finish. So that mill was placed there for a reason because they had good tidal flow and they could utilize the energy, that is what they were using. It was just a place where there was energy that they could use to grind the grain. I can remember, you go back to anecdotal evidence again, my grandfather and this is after, this is the 20’s after the mill had long since gone and before there was a jetty there, he remembers people drowning out there because it was such a strong tidal flow. So the inlet was well capable of maintaining itself. Once you put a man made structure in a natural environment, you are going to alter the environment completely. And then there is a need to dredge it and the need to dredge it is based on the perceived need to a certain water depth or to a certain location for a specific man made purpose. Not to protect the inlet. You don’t need a groin whether stone or timber to protect every inlet in town, most inlets don’t have them and the stay open quite well. MR. TERRANOVA: The jetty is not there to protect the inlet, the jetty is there to protect the homes west of the inlet. That is why it was built. COUNCILMAN KRUPSKI: I am not sure if that is entirely, I am not sure if I agree with that. I don’t… MR. TERRANOVA: I can show you the documents. August 26, 2008 Page 38 Minutes Southold Town Board Meeting COUNCILMAN WICKHAM: I am sure that is part of the reason. SUPERVISOR RUSSELL: That is probably part of the reason. COUNCILMAN KRUPSKI: Part of the reason, not the entire reason. MR. TERRANOVA: That is the only reason. That is the only, only reason. Okay? I can show you the letters to then Supervisor, Lester Albertson, asking for immediate assistance because of the storms from 1959 to 1962 that was taking beach west of the inlet at the rate of 18 feet a year. I can show you the letters. I can show you the New York State Department of Public Works contract that says, the building of one stone jetty for beach erosion purposes. COUNCILMAN KRUPSKI: Well… MR. TERRANOVA: I can show that. It doesn’t say… COUNCILMAN KRUPSKI: That worked, the work, it did cause beach erosion. MR. TERRANOVA: Pardon me? COUNCILMAN KRUPSKI: It worked. It did cause a lot of beach erosion. MR. TERRANOVA: No, for beach, control of beach erosion west of the jetty. Okay… SUPERVISOR RUSSELL: Just as a side issue, the issue of why the jetty was built, I have to agree to a point, I understand that it was done for beach protection but the reality is it is doing that and it will still serve that function if we reduce it a third. The issue here is beach stabilization versus beach growing. I know some people will not be content until they see their yard stretched out into the Connecticut postal zone but the reality is that we have to think of both sides and do the best most noble choice we can make representing all interests here. What I would ask is that we sit down, you have very specific documents, I am willing to listen to everything you have to say, I mentioned that to the two gentlemen you were with two weeks ago, sit down, if there is specific issues on SEQRA applications, all of this, we would be happy to sit down. I know Tom would be willing to sit in a meeting with me, Albert, Jamie and the others, the decision makers, and go over this individually. Item by item, to see where we have made mistakes and where we haven’t. I would gladly take any of the input you want to give me. MR. TERRANOVA: Okay. COUNCILMAN KRUPSKI: It is difficult to do in this kind of forum, to get all of the documents together. MR. TERRANOVA: I understand that, okay, but again, I need to put the town on notice that there are errors in the document, in the official document that you all have submitted. August 26, 2008 Page 39 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Then give me a chance to try to correct them in an adjourned meeting. and call me if you can tomorrow, we will set something up at your convenience. MR. TERRANOVA: Okay. One other thing, should the town, should you decide to proceed with this project, which you very well might, I ask that the president and the vice president of Peconic Sound Shores association, I can provide you their names and addresses, be promptly provided with copies of all documents and permit applications related to the SEQRA. Can this be done? SUPERVISOR RUSSELL: I will refer that to counsel. ASSISTANT TOWN ATTORNEY CORCORAN: Permit applications? Absolutely. SUPERVISOR RUSSELL: Why not? COUNCILMAN KRUPSKI: Why not? SUPERVISOR RUSSELL: Sure. MR. TERRANOVA: I mean, without us having to discover it and having to go through freedom of information? COUNCILMAN KRUPSKI: It should all be public information. SUPERVISOR RUSSELL: Absolutely. Yeah. ASSISTANT TOWN ATTORNEY CORCORAN: It is all publicly available. MR. TERRANOVA: Okay. Further, in closing, the town must recognize that the impact of this project is so significant from an ecological, environmental and potential property damage standpoint because as I have pointed out last week, the analysis that your resolution was based on was filled with errors. They only consider one to two feet of water. They never considered the fact that most of the damage occurs from debris. Okay? They didn’t consider loss of 123 feet is going to take away and alter the FEMA map, which we depend upon for our building to get homeowners insurance. That wasn’t taken into account. There were many, many things of that analysis was flawed, it was just based on falsehoods and assumptions that was incorrect. How you can, in good conscience, pass a resolution based on an analysis that me as a layman not even an expert, can blow holes in is beyond me. In any case, because of the potential impact that this project may have, I believe that the town has to embark upon a full environmental impact statement. Not an assessment form, an impact statement. Environmental impact statement. And we will insist that this be conducted. Thank you. I have a copy of my comments available. I will give them to the Town Clerk. SUPERVISOR RUSSELL: And will you please reach out to me so we can schedule something so we can go over the point by point issues that you are raising? August 26, 2008 Page 40 Minutes Southold Town Board Meeting MR. TERRANOVA: I sure will. SUPERVISOR RUSSELL: Thank you very much. John? John Betsch, Southold JOHN BETSCH: My name is John Betsch, I didn’t come here for this purpose but I just want to make one specific point in that I think it is the town government responsibility and the Town Board responsibility to protect both east and west. There are, you know, instead of concern with protecting the accreted land of everybody on the west, there are many homeowners and waterfront property owners to the east that have lost much land for a long time and that also should be addressed at the same time. SUPERVISOR RUSSELL: I agree with you 100 percent. Would anybody else like to address the Town Board? Hugh Switzer, Peconic HUGH SWITZER: Hugh Switzer in Peconic. In all of the discussions around the jetty and with all of the history of the conversations about it, the issue of the inlet itself seems to get second class citizen status and I would just like to request that the Town Board in its deliberations, in its planning, in its thinking, take into account that very unique natural resource, the inlet. The health of that has been declining rapidly, it is at a serious point and some independent action, I think, needs to be taken to save it for the future. I hate to see it get wrapped up and get lost in the discussion about the jetty, which it has really for the last 10 or 15 years. I just request that you keep focus on the inlet itself, as you stay focused on issues around the jetty. COUNCILMAN WICKHAM: By focus on the inlet, do you mean the movement of water in and out, so that it is not congested and reduced? Is that what you are getting at? MR. SWITZER: Yes. SUPERVISOR RUSSELL: The overall health. COUNCILMAN KRUPSKI: Unfortunately, its tied together. MR. SWITZER: I am sorry? COUNCILMAN KRUPSKI: Unfortunately, they are really tied together. You know, the town has made an effort to keep the inlet open… MR. SWITZER: Absolutely. COUNCILMAN KRUPSKI: And will continue to make that effort but unfortunately because the jetty is there, it affects the flow of sand and it affects the ability of the inlet to keep itself open. August 26, 2008 Page 41 Minutes Southold Town Board Meeting MR. SWITZER: Well, I would very much like to be a part of these conversations you have and I can supply some information about that. SUPERVISOR RUSSELL: Sure. Thank you. COUNCILMAN KRUPSKI: Thank you. MR. SWITZER: Thank you all very much. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? Mrs. Egan? Nobody else. Joan Egan MS. EGAN: Quick rap, well, I am still after the cell phone people. I haven’t been deputized unfortunately but I am after them and my little man there at the end there, he started giving me a little feedback on the blinking light and I think you should let the public know what a good job you are doing. COUNCILMAN RULAND: I am not going to take all the credit. MS. EGAN: Well, you can take some. COUNCILMAN RULAND: But I will give you an update on what we know today. MS. EGAN: Sounds good. COUNCILMAN RULAND: Is that fair? MS. EGAN: That is good. COUNCILMAN RULAND: I had spoken previously with officials at the school district who had indicated to me in verbally, that they were interested. They did not provide something in writing officially for sometime. Only, we received that today. Subsequent to that, Councilman Orlando had an opportunity to meet the regional engineer for the DOT and at his request supplied them with a letter of request. That moved its way to Assemblyman Alessi and now there is in progress the, a study to come out and survey the situation there and see if it is feasible, so as I said to you before, there is progress… MS. EGAN: Good. COUNCILMAN RULAND: Those kind of things move very slowly but I believe at work session today the Town Board agreed that they were in favor of this if the state were willing to allow it. MS. EGAN: Good. August 26, 2008 Page 42 Minutes Southold Town Board Meeting COUNCILMAN WICKHAM: And it would go to our Transportation Commission for approval. SUPERVISOR RUSSELL: Our protocol would be to refer it to, we got a request from the school to support it, they obviously support it at this point. The protocol would be to go to transportation to evaluate it, they are the people who have committed so much time to those types of issues. MS. EGAN: You know, out in Orient, they keep that blinking light on almost all the time and I think they all should be left on. I was really surprised when I met you on the Cutchogue school had turned it off for economy. I think they made a mistake but you know, that is what they want. But I think they should be on all the time. Again, you see something, you say something, especially if it is child, you know, to call. If it is anybody especially the children or the elderly and that is it, have a very happy Labor Day. Don’t know where the summer went but we had a pretty good time. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board? Benjamin Schwartz, Cutchogue BENJAMIN SCHWARTZ: Benjamin Schwartz from Cutchogue. And I really didn’t want to come here today, it is a beautiful day and I would much rather be out on my sail boat, sailing. I thought we had a deal two weeks ago, Mr. Russell, I brought up the executive sessions that have been conducted illegally by this entire Board. Mr. Russell setting the agenda and proposing the sessions but apparently you weren’t, you have not lived up, I don’t believe you have lived up to your promise to do something to improve the situation. COUNCILMAN WICKHAM: Tell us how it is illegal? MR. SCHWARTZ: Well, first I would just like to say that I, my first approach to this was to speak to the Town Attorney’s office, to talk to the Supervisor, to try to correct this issue internally. Not making any progress with that, I wrote a letter to New York State, the attorney’s that work for the New York State Department of State with a four page letter which was copied to the Town Attorney’s office and all of you on the Town Board told me that you had read, that you had received this letter. COUNCILMAN KRUPSKI: I did. Thank you. MR. SCHWARTZ: I assumed that if you received it, you read it and I was hopeful that you understood it and if you can’t understand it, I would be happy to meet with you and try to explain it. But for example, to briefly pick out one, there are four points in here. One of the points, the attorney from the Department of State said the town is okay in regards to executive sessions conducted regarding personnel matters, they have been handled properly. But on the other three types of executive sessions concerning litigation of communications involving attorney client, claims of attorney client privilege, and executive sessions to discuss the proposed acquisition of real property, as it says here, the principal is, public business must be discussed in public unless public discussion would be damaging to an individual or a government in terms of its capacity to August 26, 2008 Page 43 Minutes Southold Town Board Meeting perform its functions appropriately in the best interest to the public. It is clear that the law does not permit bodies to conduct executive sessions to discuss all matters that may relate to the transactions of real property. Only to the extent that publicity would substantially affect the value of that property, can that provision be asserted. I am not going to go, they have a discussion here as to when that is true, when that is not true. If it is public knowledge that the town is interested in purchasing a property, is looking in to that property, then it is inappropriate for the town to use an executive session to discuss that purchase. In any case, the motion to exclude the public should specifically mention the potential for impact on the property value. That didn’t happen this morning, did it? SUPERVISOR RUSSELL: Kieran, did I meet all of the needs under the law with regard to executive session? ASSISTANT TOWN ATTORNEY CORCORAN: The initial motion stated property acquisition, when Mr. Schwartz voiced his objection of the sufficiency of that motion, I believe I heard Mr. Russell say that the discussion would affect the value of that property, which is an appropriate time to go into executive session. So when you did ask and the Supervisor corrected himself, the motion became appropriate. MR. SCHWARTZ: I, not only I don’t believe that is true but I have a recording of it. He did mention something about the value of the property. But that was not the way the motion was made and that… ASSISTANT TOWN ATTORNEY CORCORAN: Right. He corrected it. You corrected him. SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: No, it was not corrected this morning. SUPERVISOR RUSSELL: It was actually. I asked him specifically and I told you specifically that you… MR. SCHWARTZ: Do you really want to discuss this in two weeks? SUPERVISOR RUSSELL: No, I will discuss it right now. You brought it up, right? I could… MR. SCHWARTZ: I know but I am hoping that you can make a commitment…. SUPERVISOR RUSSELL: You raised an issue two weeks ago and you were right. I specified on the agenda the issue of litigation, that was too broad a topic. I should have specified Cross Sound ferry. Today was the acquisition of property, it is the specific negotiation of two specific parcels. We have ample examples to you to show where these discussions lead to our inability to acquire these properties. It has been happening to us for a couple of years now. That affects the sales price. We are trying to get the parties to contract. I have, once we reach that phase, and by the way there was separate discussions today on property acquisition. One was in open session, August 26, 2008 Page 44 Minutes Southold Town Board Meeting to discuss our community preservation plan, our list of properties etc. The other one was executive session when we got to the nitty gritty of the contracts with these two parties. We discussed a specific purchase price, the easement language and everything else. The Land Preservation Committee asks us to do that in executive session because they feel it would jeopardize their ability to acquire the property, the town’s ability. We honor that commitment and we will continue to honor that request to them. We will not change the way we conduct the business with regard to specific properties. If you disagree with that, I am sorry. But counsel tells me that it is appropriate. And it is nothing to do with the issue you raised two weeks ago with regard to the purpose of litigation. MR. SCHWARTZ: I don’t understand your statement. SUPERVISOR RUSSELL: We will continue their request to discuss specific contracts… MR. SCHWARTZ: One, you admitted this morning the motion was not properly made. SUPERVISOR RUSSELL: I didn’t admit that. I didn’t admit anything. MR. SCHWARTZ: You are claiming you corrected… SUPERVISOR RUSSELL: I didn’t admit anything. What I said was two weeks ago the agenda was faulty in that I didn’t specify Cross Sound ferry as the subject of the litigation. Two weeks ago I conceded that to you, you are right about that. Property acquisition is perfectly legitimate for executive session. I have no obligation under law to disclose to you the specifics of the discussion when it comes specific contract language. I don’t. MR. SCHWARTZ: It says here… ASSISTANT TOWN ATTORNEY CORCORAN: It should be stated in the motion, there is some merit to his objection, that it will affect the value of the property. That is correct. MR. SCHWARTZ: And it wasn’t done this morning. SUPERVISOR RUSSELL: But I outlined that to you. I outlined to you why we wouldn’t discuss the specifics because it would affect the… MR. SCHWARTZ: I can’t always be here to object. SUPERVISOR RUSSELL: It seems like you are. Where are you going to be? Where else? MR. SCHWARTZ: I would like to be somewhere else. SUPERVISOR RUSSELL: Me, too. God bless you, I agree with you there. MR. SCHWARTZ: Have any of you read the book that we… August 26, 2008 Page 45 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: No. COUNCILMAN WICKHAM: Yes, and I am sorry, I meant to bring it today and circulate to other Board members. It was an interesting book. MR. SCHWARTZ: Keep that moving along there. I just, I hesitate because I really don’t want to, I am not here for any personal interest. My house is not going to be washed away by removal of the jetty or something else that this Town Board has done. However, the proposed development of 139 or 100 or any condominiums in Cutchogue will affect my life and it will affect our entire community. But I think I have been pretty clear that I am here to speak about the community interest. And I resent the fact that and this doesn’t apply to the rest of you, just to Supervisor Russell, that he is making personal attacks on myself and the people who I am working with. SUPERVISOR RUSSELL: How? MR. SCHWARTZ: Well, one example is this e-mail which I received from you last week…. SUPERVISOR RUSSELL: I sent a month ago. MR. SCHWARTZ: In which you say that 55 and over communities here are filled with retirees who have done more for this community in their short stay here than you (meaning myself) Nancy and Roberta have done in your lifetimes. SUPERVISOR RUSSELL: I agree with that statement. This is after you got done attacking everybody over the age of 55 in this town and you said that they were not likely to volunteer, they were not connected to the community in any way. I have an entire community in Peconic Landing, Southold Founders Village, that beg to differ. They have done more than all three of you… MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: No, I have listened, unfortunately, quite intently. They have done so much for the community, that to disparage a community because it is 55 and over is inappropriate and not keeping with the experience that we have had from the retirees coming out here and volunteering. It is just not consistent. Every position we advertise for, every volunteer position, I get a slew of applications from retirees looking to participate. When was the last application you submitted to me? COUNCILMAN KRUPSKI: For computer work. MR. SCHWARTZ: There were several. Would you like to discuss that? SUPERVISOR RUSSELL: (Inaudible) the two years I have been here. August 26, 2008 Page 46 Minutes Southold Town Board Meeting MR. SCHWARTZ: You didn’t accept my offer and it is very clear that the way this government is being run is unprofessional and the people who are doing it are not, they are not even trying. They don’t know, in the department directory on the website, your name appears twice. Scott Russell as part of the Town Board and then Scott Russell as Supervisor. But that is okay. But there are one, two, three, four, five, six, seven different departments that don’t even have a webpage, including the Town Board. That is pretty sad. The police department is not listed as police department, it is listed as chief of police. I mean, you know, people are not looking when they are looking to contact the police department, they are not looking to contact the chief of police, they want the police department. You know, it is little things like that that add up. The whole format. But that is the website. I have not just offered but I have volunteered to try to help with that, some of my suggestions have been taken up but obviously you saw fit not to continue, not to accept my offer to work with you to… SUPERVISOR RUSSELL: I brought it to the Town Board, to the previous Town Board. I brought it to them, I brought your name specifically to the Board. I happen to think you have a tremendous amount of talent and insight with regard to the website, no question about that. I brought it to the previous Board, there wasn’t an interest at the time, they felt like the in-house work being done was sufficient. That is the best I can do. MR. SCHWARTZ: With all due respect, I believe the in-house work being done is being done by people who do not have any qualifications or experience. Now, back to this e-mail, you say in here that there is no basis in fact the only people that will buy the units will be from out of town. SUPERVISOR RUSSELL: That is right. MR. SCHWARTZ: Now, but what are you trying to say? That nobody from out of town will buy units in the Heritage? SUPERVISOR RUSSELL: No, what you suggested was… MR. SCHWARTZ: That was our point… SUPERVISOR RUSSELL: That only out of towners would buy. MR. SCHWARTZ: No, not that only. That some of the units would be bought by people from out of town. You are saying it is not true that only out of towners, we never said that. Then you say, it is not true, there is no basis in fact that local seniors will vacate existing housing and then sell to families. Now, that might not happen but most likely it will, if people from the local community buy, sell their big houses… SUPERVISOR RUSSELL: There is no basis for that fear because the reality is that local seniors that are selling are selling, period. The issue is whether you are going to keep them in Cutchogue or let them move to Riverhead or Nesconset or other communities that have built August 26, 2008 Page 47 Minutes Southold Town Board Meeting retirement communities for these people. Those houses are on the market. No senior is going to say, you know what? I wanted to sell my house in Cutchogue but I have no place to go in Cutchogue but they are moving anyway. We are losing them. Graham Glover all these people that have stepped forward and volunteered for this town for years, we are losing them in droves. We are losing them, we are losing their disposable income, by the way. I think if you can take something like the community in Cutchogue, reshape it, rescope it, rescale it, so that Cutchogue, so it could fit into Cutchogue. It would be a good thing for everybody. It is exactly consistent with what you say on your own website. We, in your words, we are not against development. Cluster the homes, try to achieve open space on half of the open space. All of those goals that you have outlined on your website are the very goals that we have outlined to the developer and to the Planning Board time and time again. You have said those things. You said specifically, attach the units, reduce the number, open space on at least half of it. Those are all the goals we have outlined. There is no disagreement here other than the fact that you like to find things to argue with. MR. SCHWARTZ: Whoa, whoa, wait. Do you believe that all of those goals can be accomplished? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: Can I finish my sentence? SUPERVISOR RUSSELL: Yes, I am sorry. MR. SCHWARTZ: All those goals can be accomplished without action on the part of the Town Board? SUPERVISOR RUSSELL: You speak in fallacy. There is action on the part of the Town Board, it is not the action you might want us to take but there is hearty action on the part of the Town Board. MR. SCHWARTZ: You didn’t answer my question. COUNCILMAN WICKHAM: May I answer it? SUPERVISOR RUSSELL: Sure. COUNCILMAN WICKHAM: I believe there will be action on the part of this Board and I think it will support and strengthen the types of development that the Supervisor spoke to and is on your website, that I think we are all in agreement that we want this development to take the shape of. The Town Board will, I think, take some action to assist in that area. SUPERVISOR RUSSELL: You also say on your website that myself and Councilman Wickham support the application as proposed. That is not true. It has never been true. We have worked hard to reshape it, rescale it, rescope it, so it, so Cutchogue could accommodate it. And I grew August 26, 2008 Page 48 Minutes Southold Town Board Meeting up in Cutchogue, too. Do you really think I want to sit back and watch some, you know, miniature Lynbrook get redeveloped on a farm lot. Of course not. We just don’t take your tactic. One week you want us to buy the property, one week you want us to rezone it… MR. SCHWARTZ: Excuse me, I am not here talking about me and you. SUPERVISOR RUSSELL: Well, I am sorry, I thought was… MR. SCHWARTZ: You write me an e-mail and talk about me, personally in my life…. SUPERVISOR RUSSELL: That is right, to you directly. MR. SCHWARTZ: That I haven’t done anything in my life… SUPERVISOR RUSSELL: Compared to the retirees. I take offense on behalf of every person 55 and over in this community for everything that you have said. MR. SCHWARTZ: What did I say? SUPERVISOR RUSSELL: You said that they are not connected to the community, that these aren’t people that aren’t going to volunteer. All these things are absolutely opposite of everything we have experienced traditionally in this town. MR. SCHWARTZ: I do not believe I spoke about anyone in this community. SUPERVISOR RUSSELL: 55 and over communities. What do you think that book Leisureville was about? MR. SCHWARTZ: I am talking about a legal designation of people who are 55 to 105. Let’s say 120, okay? You are going to put them all in one lump and you are going to make a community that is legally restrictive so that nobody younger than 55 can be there. And I have nothing, I want to live with people, I want them as my neighbors. I want to be next door to them, I want them to be next door to me and I have spent time in Founders Village with seniors, helping them. I have never said anything against people 55 and over. If you heard something like that, then you have got something stuck in your ears. COUNCILMAN WICKHAM: So what is your point? MR. SCHWARTZ: My point is that I picked up this flyer at the, in the supermarket the other day from one of the local realtors. Turns out they are not so local. Along with the properties from the north fork, they are advertising, by the way, they call the north fork part of the Hamptons in their book here but they also advertise properties in Manhattan, Brooklyn, Palm Beaches, international, all with the north fork. We are no longer a nice, sleepy, little rural community. Okay? I think I will save this for in two weeks. Thank you. August 26, 2008 Page 49 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Mr. Finora? Joseph Finora JOE FINORA: Something on a much lighter note. What is happening with the bus shelters? I notice in Mattituck there has been a partial excavation there. SUPERVISOR RUSSELL: What happened, we had some locations for bus shelters, obviously Southold was a somewhat celebrated discussion. The one in Mattituck fell the same fate as others, in that someone had overlooked the fact that we need the DOT easements to locate those. The contractor was out, started the work, the DOT representative stepped out and said we need to review this to sign off on it. It is a state right of way and you need DOT permission to do that. My understanding, it is still under review. When the review is done, if they approve the site, the work will move forward. MR. FINORA: The only reason I have been questioning it, I had occasion to use on of the express bus services on Saturday and there were a lot of people kind of huddling behind the sign there, you know, trying to stay out of the sun etc. And you know… SUPERVISOR RUSSELL: We had… MR. FINORA: It brought to mind that they started something there, there is a whole partial excavation…. SUPERVISOR RUSSELL: That was just a snafu based on an oversight with regard to the application. But it will commence in the near future. MR. FINORA: Okay. Fine. SUPERVISOR RUSSELL: Thank you, Mr. Finora. Anybody else? (No response) Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:49 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell